
Glass .fffl -l gl T 
Book JtLSL 









The FARMERS' 
HANDBOOK 



CONTAINING LAWS OF OHIO 
RELATING TO AGRICULTURE 




By the Secretary of Agriculture 



THE FARMERS 1 HANDBOOK 



CONTAINING LAWS OF OHIO 



RELATING TO AGRICULTURE 



AND OF USE AND INTEREST TO ALL COUNTRY RESIDENTS, 
COMPILED FROM THE LATEST EDITION OF THE 



Revised Statutes of Ohio and the Session Laws 

of 1906 



BY THE 

SECRETARY OF AGRICULTURE 



Spring-field, Ohio: 

The Springfield Publishing Company, 

State Printers. 

1906. 



,(03. 



MAR 17 IS J 

d. ot a 




OF SECRETARY wSVw^fflltoJbZ'' 1 '/ *88T BKC'l OF 

Live- St^c* 4\^^3Ffei'> WWBSSK**"@«eMftR» 



STATE of OHIO 



PAUL FISCHER, ^^^^J^^^^^^g^j^^j^^^^^gt&^' A. F. BURGESS, 

STATE VETERINARIAN. ^ ^"^ CHIEF INSPECTOR. 



£0=-. 



Agricultural Laws. 



nXr 



THE FARMERS' HANDBOOK OF THE LAWS OF OHIO. 



It has been the endeavor, in compiling the laws contained herein, 
to include all that relate to agriculture, and also such as are of general 
interest to residents of the country. 

Many of the statutes contained in the Handbook for 1904 have 
been amended, and all such amendments, as well as laws enacted in 
1906, are 'indicated by a reference, at the close of such sections, to 
Ohio Laws, vol. 98 (O. L. v. 98, p. — ), passed by the last General As- 
sembly. A similar notation is made to acts passed and amendments 
made in existing laws by the Legislature in 1904, attention being 
called in this case to Ohio Laws, vol. 97 (O. L. v. 97, p. — ). 

The latest edition of Bates Revised Statutes and the Session 
Laws for 1906 have been used in revising this Handbook. 

I trust the work will be found satisfactory and that it may prove 
valuable to the farmers of Ohio. 

T. L. CALVERT, 

Columbus, O., July 25, 1906. Secretary. 



LAWS OF OHIO RELATING TO AGRICULTURE. 



Sec. 230. [Official flag of the state of Ohio.] The flag of the 
state of Ohio shall be pennant shaped. It shall have three red and 
two white horizontal stripes ; the union of the flag shall be seventeen 
five-pointed stars, white, in a blue triangular field, the base of which 
shall be the staff end or vertical edge of the flag, and the apex of which 
shall be the center of the middle red stripe. The stars shall be 
grouped around a red disc superimposed upon a white circular "O." 
The design of the flag shall be according to the following diagram : 




The proportional dimensions of the flag and of its various parts 
shall be according to the official design thereof on file in the office 
of the secretary of state. 

OHIO STATE BOARD OF AGRICULTURE. 



Sec. 3691-25. [Incorporation.] That Michael L. Sullivant, 
* * * be and they are hereby created a body corporate, with per- 
petual succession, in the manner hereafter described, under the name 
and style of the "Ohio state board of agriculture." 

Sec. 3691-26. [Number of the board; quorum.] The Ohio state 
board of agriculture shall consist of ten members, five of whom shall 
constitute a quorum. 

Sec. 3691-27 [Names of members.] That Allen Trimble, M. L. 
Sullivant, Samuel Medary, Darius Lapham, A. E. Strickle, Arthur 
Watts, M. B. Bateham, John Codding, Jared P. Kirtland, and Isaac 
Moore, be continued members of the board; their term of service 
and the mode of appointing their successors to remain unaltered by 
this act 



6 LAWS RELATING TO AGRICULTURE. 

Sec. 3692. [Annual meeting of board.] There shall be held 

in the city of Columbus on the first Thursday after the second 
Monday in January, an annual meeting of the Ohio state board of 
agriculture, together with the president of each county agricultural 
society or the duly authorized delegate therefrom who shall for the 
time being be ex-officio members of the state board of agriculture 
for the purpose of deliberation and consultation as to the wants, pros- 
pects and conditions of agriculture throughout the state ; and at such 
meeting the several reports from the societies shall be delivered to 
the president of the state board of agriculture ; provided that in any 
county having no agricultural society, the presidents of the farmers' 
institutes of the county, and holding meetings under the auspices and 
by the direction of the state board of agriculture, or a majority 
thereof, are hereby authorized and empowered to choose a repre- 
sentative to the annual meeting, who shall upon presentation of the 
proper certificates be entitled to all the privileges conferred on ex- 
officio members by this section. At this annual meeting there shall 
be elected two members of the state board of agriculture whose term 
shall be five years and until their successors are elected. Only the 
presidents of county agricultural societies or the duly authorized dele- 
gates therefrom and representatives chosen by the president of farm- 
ers' institutes not members of the board shall be entitled to vote for 
members of the board. 

Sec. 3693. [Annual report of board to general assembly.] The 

board may elect such officers as may by it be deemed necessary. It 
shall hold an annual exhibition of the agricultural and general pro- 
ductive industries of the state ; shall make an annual report to the 
general assembly, embracing its proceedings for the past year, and an 
abstract of the proceedings of the several county agricultural societies, 
as well as a general view of the condition of agriculture throughout 
the state, accompanied by such recommendations as it may deem inter- 
esting and useful. 

Sec. 3694. [State board of agriculture; real estate acquired by; 
auditing of expenses; annual report; legal adviser.] The board may 
hold in fee simple such real estate as it may have heretofore purchased, 
or may hereafter purchase, as sites whereon to hold its annual fairs, 
and all such lands held by the board for said purpose shall be exempt 
from taxation, but when any such real estate as may have heretofore 
been purchased or may hereafter be purchased, shall cease to be used 
by the board as sites whereon to hold such annual fairs, then such real 
estate with the improvements thereon, belonging to the board, shall 
revert to the state of Ohio ; and no portion of any such real estate shall 
be disposed of except by act of the legislature. The board shall have 
the power to audit and pay its ordinary expenses, including the neces- 
sary personal expenses of the members in their attendance on the 
meetings of the board, out of any funds in its possession or out of the 
state agricultural fund, and shall, in its annual report, make a com- 
plete showing of its financial transactions ; and the attorney-general 
shall act as the legal adviser of the board, the same as for other state 
departments. 



LAWS RELATING TO AGRICULTURE. / 

Sec. 3695. [How state agricultural fund at disposal of board.] 

The state agricultural fund shall be at the disposal of the board for the 
improvement of the agricultural interests of the state; and when es- 
cheated property is legally reclaimed by any heir, it shall be held sub- 
ject to the payment, to the purchaser of the state, of so much of the 
original purchase money as it received, and legal interest to the time 
of such reclamation. 

Sec. 3696. [Secretary of state authorized to furnish stationery 
to board of agriculture.] The secretary of state is authorized to fur- 
nish the board with such stationery as may be requisite to the proper 
discharge of its duties, together with such blank books as may be 
necessary to keep the records of the transactions of the board. 

Sec. 3697. [Organization of district or county agricultural so- 
cieties.] When thirty or more persons, residents of any county of 
the state, or of a district embracing one or more counties, organize 
themselves into an agricultural society, and adopt a constitution and 
by-laws and select the usual and proper officers, and otherwise con- 
ducts its affairs in conformity to the statutes of Ohio and to the rules 
of the state board of agriculture, and when such county or district 
agricultural society shall have held an annual exhibition in accordance 
with section 3698 of the Revised Statutes of Ohio, and made proper 
report to the state board of agriculture, then, upon presentation to the 
county auditor, of a certificate from the president of the state board 
of agriculture, attested by the secretary of said board, that the laws 
of the state and the rules of the state board of agriculture have been 
complied with, the county auditor of each county wherein such agri- 
cultural societies are organized, shall annually draw an order on the 
treasurer of the county in favor of the president of the county or dis- 
trict agricultural society for a sum equal to two cents to each inhab- 
itant of the county, upon the basis of the last previous national census, 
but the total amount thereof shall not exceed in any county the sum of 
eight hundred dollars ($800) ; and the treasurer of the county shall 
pay the same. 

Provided, that where in any county containing a city of the 
second grade of the first class, the site for holding county fairs is 
situated so far from the geographical center of said county that, in 
the opinion of the commissioners of said county the agricultural in- 
terests of said county will best be promoted by the establishment of 
another and additional society and site whereon to hold fairs; upon 
the organization of such additional society in the manner provided 
herein, said additional society shall be entitled to receive out of the 
county treasury the sum provided in this section and also be entitled 
to the provisions of other sections of the statutes in reference to 
county agricultural societies. 

Sec. 3698. [For what premiums may be offered by agricultural 
societies.] The several county or district societies which may be 
formed under the provisions of the preceding section shall, annually, 
offer and award premiums for the improvement of soils, tillage, crops, 
manures, implements, stock, articles of domestic industry, and such 
other articles, productions, and improvements, as they deem proper, 
and may perform all such acts as they deem best calculated to promote 



8 LAWS RELATING TO AGRICULTURE. 

the agricultural and household manufacturing interests of the district 
and of the state, and shall regulate the amount of premiums, and the 
different grades of the same, so that it shall be competent for small 
as well as large farmers to have an opportunity to compete therefor; 
and in making their awards special reference shall be had to the profits 
which accrue, or are likely to accrue, from the improved mode of rais- 
ing the crop, or of improving the soil, or stock, or of the fabrication 
of the articles thus offered, so that the premiums shall be given for the 
most economical mode of improvement; and all persons offering to 
compete for premiums on improved modes of tillage, or the production 
of any crops or other articles, shall be required, before such premuim 
is adjudged to deliver to the awarding committee a full and correct 
statement of the process of such mode of tillage or production, and 
the expense and value of the same, with a view of showing accurately 
the profits derived or expected to be derived therefrom. Provided, 
that during any year, when the state board of agriculture shall hold its 
fair upon the grounds of any county or district agricultural society, 
such society shall be excused if its board of directors so decides from 
complying with the provisions of this section, and shall incur no for- 
feiture of its rights as such agricultural society, by 'reason of not hold- 
ing such fair. 

Sec. 3699. [Must publish a list of awards, etc.] County and dis- 
trict societies shall publish, annually, a list of awards, and an abstract 
of the treasurer's account, in a newspaper of the district, and make a 
report of their proceedings during the year, and a synopsis of the 
awards for improvements in agricultural and household manufactures, 
together with an abstract of the several descriptions of these improve- 
ments, and also make a report of the condition of agriculture in their 
county or district, which report shall be made in accordance with the 
rules and regulations of the state board of agriculture, and shall be 
forwarded to the state board at its annual meeting in January in each 
year ; and no subsequent payment shall be made from the county treas- 
ury unless a certificate be presented to the auditor, from the president 
of the state board, showing that such reports have been made. 

Sec. 3700. [County societies erected into corporations.] All 

county societies which have been, or may hereafter be organized, are 
declared bodies corporate and politic, and as such, shall be capable of 
suing and being sued, and of holding in fee simple such real estate as 
they have heretofore purchased, or may hereafter purchase, as sites 
whereon to hold their fairs. Such societies shall have the right to 
mortgage the grounds of the society for the purpose of renewing or 
extending pre-existing debts, and for the purpose of furnishing money 
to purchase additional land. Providing that where the county com- 
missioners have paid money out of the county treasury to aid in the 
purchase of the site of said grounds, no mortgage shall be given with- 
out the consent of said commissioners. 

Sec. 3701. [Conveyances to such societies declared valid.] All 

deeds, conveyances, and agreements in writing, made to and by such 
county societies, for the purchase of real estate as sites whereon to 
hold their fairs, shall be good and valid in law and equity, and shall 
vest a title in fee simple in such societies to the real estate, without 
words of inheritance. 



LAWS RELATING TO AGRICULTURE. 9 

Sec. 3702. [Commissioners may assist agricultural societies in 
purchasing, etc., sites for fairs; levy of tax.] When a county society 
has purchased, or leased for a term of not less than twenty years, real 
estate as a site whereon to hold fairs, or where the title to the grounds 
is vested in fee in the county, but the society has the control and man- 
agement of the lands and buildings, the county commissioners may, if 
they think it for the interests of the county, and society, pay out of the 
county treasury the same amount of money for the purchase or lease 
and improvement of such site as is paid by such agricultural society or 
individuals for such purpose; and such commissioners may levy a tax 
upon all the taxable property of the county sufficient to meet the pro- 
visions of this section. 

Sec. 3702-1. [Submission of question of issuing bonds to 
liquidate debt of county agricultural society.] In all counties in 
which there may be a county agricultural society which has purchased 
a site whereon to hold fairs, or where the title to such grounds is 
vested in fee in the county, and such society has become indebted to 
an extent of not less than fifteen thousand dollars upon the presenta- 
tion of a petition signed by not less than five hundred resident elec- 
tors of the county praying for the submission to the electors of the. 
county of the question whether or not the bonds of the county shall 
be issued and sold for the purpose of liquidating the indebtedness of 
such society, it shall be the duty of such county commissioners within 
ten days thereafter, by resolution, to fix a date which shall be within 
thirty days, upon which the question of issuing and selling such 
bonds, in amount and denomination such as may be necessary for the 
purpose in view, shall be submitted to the electors of the county, 
and shall cause a copy of such resolution to be certified to the deputy 
state supervisors of elections of the county, and such deputy state 
supervisors of elections shall, within ten days thereafter, proceed to 
prepare the ballots and make all other necessary arrangements for 
the submission of such question to the electors of such county, at the 
time fixed by such resolution. Such election shall be held at the 
regular places of voting in such county and shall be conducted, can- 
vassed and certified in the same manner, except as otherwise provided 
by law, as elections for the election of county officers. Fifteen days' 
notice of the submission shall by the deputy state supervisors of 
elections, be given by publication in one or more newspapers pub- 
lished in the county once a week for two consecutive weeks, stating 
the amount of bonds to be issued, the purpose for which they are to 
be issued and the time and places of holding such election ; and if the 
majority of the voters voting upon the question of issuing the bonds 
vote in favor thereof, then and not otherwise the bonds shall be 
issued, and the tax hereinafter mentioned shall be levied. Those 
who vote in favor of the proposition shall have written or printed on 
their ballots "for the issue of bonds" and those who vote against the 
same shall have written or printed on their ballots "against the issue 
of bonds." 

Sec. 3702-2. [Bonds.] In the event that a majority of the voters 
of such county voting upon the question of issuing the bonds vote 
in favor thereof, it shall be the duty of the bpard of county commis- 
sioners, for the purpose of liquidating such indebtedness, to issue and 



10 LAWS RELATING TO AGRICULTURE. 

sell the bonds of the county according to law, in such amount as may 
be necessary, and bearing interest not to exceed six per cent, per 
annum, payable semi-annually. 

[Levy.] Said bonds to be issued for a period of not less than ten 
nor more than twenty years ; and such county commissioners shall 
thereupon levy a tax upon all the taxable property upon the duplicate 
of the county to pay such bonds as they may mature and the interest 
thereon, at such rate and for such length of time as may be necessary 
for the purpose. 

Sec. 3702-3. [Proceeds used in liquidation of debt.] The coun- 
ty commissioners, upon the sale of such bonds, shall, from the pro- 
ceeds arising from such sale, pay off and liquidate the indebtedness 
for which they were so sold. 

Sec. 3702-4. [Money raised for county agricultural societies 
applied to purposes intended by act though life of act expired.] 

Where money has been raised by taxation in any county for the pur- 
pose of leasing lands for county fairs, or for the purpose of erecting 
buildings for county fair purposes, or for making any improvements 
on county fair grounds, or for any purpose connected with the use of 
county fair ground or the management thereof by any county agri- 
cultural society, shall be used for such purpose only, notwithstanding 
the law under which money was raised by taxation may have expired 
by limitation ; such moneys shall be used for the purposes intended 
by the act under which such moneys were levied and collected by 
taxation. 

Sec. 3702a. [Commissioners in certain counties may assist agri- 
cultural societies in purchasing, leasing or improving sites for fairs.] 

When a county society in a county containing a city of second grade 
of the first class has purchased or leased for a term of not less than 
twenty years, real estate as a site whereon to hold fairs, or when the 
title to the grounds is vested in fee in the county, but the society has 
the control and management of the lands and buildings the county 
commissioners may if they think it for the interests of the county and 
society, pay out of the county treasury the same amount of money for 
the purchase or lease and improvement of such site or either of them 
as is paid by such agricultural societ)^ or individuals for such purpose 
or either of them, and such commissioners may levy a tax upon all 
the taxable property of the county sufficient to meet the provisions 
of this section. 

Sec. 3702&. [Commissioners may levy tax for encouragement of 
agricultural fairs.] When a county has purchased or leased for a 
term of not less than twenty years, real estate as a site whereon to 
hold fairs, or where the title to the grounds is vested in fee in the 
county agricultural society, or in the county the agricultural society 
has the control and management of the lands and buildings, or when 
such lands and buildings are held by lease from any such society by 
another society, association or incorporated company, the county 
commissioners are authorized for the purpose of encouraging agri- 
cultural fairs, to annually levy taxes of not exceeding one-tenth of one 



LAWS RELATING TO AGRICULTURE. 11 

mill upon all the taxable property of the county, for the purpose of 
raising not to exceed one thousand dollars in any county, which sum 
shall be paid by the treasurer of the county to the treasurer of the 
agricultural society, except in case of such lease by such society 
when such sum shall be paid to the treasurer of such lessee society, as- 
sociation, or incorporated company upon an order from the county 
auditor duly issued therefor; and the county commissioners, prior to 
the levy of any such tax, may, if they think it for the interest of the 
county and society, pay out of the treasury any sum not exceeding 
one thousand dollars, as herein provided, out of the money in the 
general fund not otherwise appropriated. 

Sec. 3703. [County commissioners may purchase fair grounds.] 

If a county society and the county commissioners decide that the in- 
terests of the society and county demand an appropriation' from the 
county treasury for the purchase and improvement of county fair 
grounds greater than that authorized by the preceding section, or 
without any action of or purchase by the society, the commissioners 
may levy a tax upon all the taxable property of the county, the 
amount of which shall be fixed by the commissioners, but shall in no 
event exceed one-half of one mill on the dollar of the taxable property 
of the county in addition to the amount authorized in the last section 
to be paid for such purpose. 

Sec. 3704. [The tax must be submitted to the electors.] No 
such additional tax shall be levied until the question as to the amount 
to be levied has been submitted by the commissioners to the qualified 
electors of the county at some general election, and a notice of which, 
specifying the amount to be levied, has been given at least thirty 
days previous to such election, in one or more newspapers published 
and of general circulation in the county; those voting at such election 
in favor of such tax shall have written or printed on their ballots 
"Agricultural tax, Yes," and those voting against the same, "Agri- 
cultural tax, No," and if a majority of the votes cast be in favor of 
paying such tax, the same may be levied and collected as other taxes ;* 
and when such tax is collected by the county treasurer, the auditor 
shall issue his order for the amount so collected to the treasurer of the 
county agricultural society, on his filing with the auditor an under- 
taking, in double the amount so collected, with good and sufficient 
sureties to be approved by the auditor, conditioned for the faithful 
paying over and accounting to such society for such funds. 

Sec. 3705. [When real estate vests in the county.] When a 
society is dissolved or ceases to exist, in any county where payments 
have been made for real estate, or improvements upon such real estate, 
or for the liquidation of indebtedness, for the use of such society, all 
such real estate and improvements shall vest in fee simple in the 
county by which such payments were made. 

Sec. 3705a. [Insurance on fair ground property.] That the 

county commissioners of anv county are hereby authorized to keep 
insured all buildings owned by the county agricultural society, or by 
the county, for the benefit of the county agricultural society, or the 
county, as the case may be, if deemed proper by said commissioners. 



12 LAWS RELATING TO AGRICULTURE. 

Sec. 3706. [Societies may sell or lease, and purchase or lease 
other sites.] When a county society desires to sell its site for hold- 
ing county fairs, for the purpose of purchasing another site, or when- 
ever such site shall have for any reason become unfit or insufficient 
for the purposes for which it is intended and used, and the board of 
directors of such agricultural society shall, at a regular meeting there- 
of, by a vote of at least a majority of all the members of said board, 
upon a call of the yeas and nays, adopt a resolution for the purpose 
of securing the benefits of this act, declaring that they desire to sell 
such site for the purpose of purchasing another site, or that such site 
has become unfit or insufficient as aforesaid, and that it is necessary 
and for the best interests of such agricultural society and such county, 
that such site be sold or leased, and a new site purchased or leased, 
for holding county fairs in such county, it shall be lawful for such 
agricultural society to sell or lease such old, unfit or insufficient site 
for holding county fairs, and to purchase, or lease a new site, as here- 
inafter provided ; provided, that in cases where the county has paid all 
or any portion of the purchase money for the site proposed to be sold 
or leased, the written consent of the county commissioners shall first 
be given to such sale or lease. Within thirty days after the passage 
of such resolution said board of directors shall give notice in writing 
to the county commissioners of such county of the adoption of said 
resolution, declaring the necessity of selling or leasing such site and 
of purchasing or leasing a new site, which notice shall contain or have 
annexed thereto a certified copy of said resolutions, signed by the 
president and secretary of the board of directors. (O. L., v. 97, p. 297.) 

Sec. 3706a. [When county commissioners shall complete and 
carry out contracts by such society.] That whenever such agricul- 
tural society shall have given notice to the county commissioners as 
above provided, and shall have selected, or secured options for the 
purchase or lease of a new site for holding county fairs in such county, 
the board of directors of such society shall immediately give notice 
of all such facts to the county commissioners, which said notice shall, 
in the event such old, unfit or insufficient site is sold or leased before 
the purchase or lease of the new site, state the amount for which such 
old, unfit or insufficient site was sold or leased, and shall also state the 
amount of money necessary to acquire by purchase or lease such new 
site, and the terms and conditions of the purchase or lease thereof, 
together with a full description of the tracts or parcels of land and im- 
provements thereon, included in such new site. After the filing of 
the several notices herein provided for, the county commissioners may 
proceed to complete and carry into effect any contract or contracts 
which such agricultural society may have made for the purchase or 
lease of said new site. (O. L., v. 97, p. 298.) 

Sec. 37066. [Provisions for payment for such purchase or lease 
of lands.] That the payment for the purchase or lease of the parcels 
or tracts of land included in such new site, and the improvements, 
buildings and structures thereon, mav be made by the county com- 
missioners from any unappropriated funds in the county treasury at 
the time said payment is to be made, and if no such funds are in the 
county treasury at such time, then the county commissioners may 
issue the bonds of the county for such amounts as may be necessary 



LAWS RELATING TO AGRICULTURE. 13 

for the purchase or lease of said land and the improvements thereon ; 
provided, that in the event such old, unfit or insufficient site is sold 
or leased before such new site is purchased or leased, said agricultural 
society shall, in making said payment, first apply the moneys realized 
from the sale or lease of such old, unfit or insufficient site to the pur- 
chase or lease of the new site; and in the event such old, unfit or in- 
sufficient site is sold or leased after the purchase or lease of such new 
site, the amounts realized from such sale or lease shall be placed to the 
credit of the sinking fund for the redemption of the bonds to be issued 
as hereinafter provided. Such bonds shall bear interest at a rate not 
to exceed five (5) per cent, per annum, payable semiannually, and 
shall not be sold at less than their par value, and shall be payable at 
such place, and at such times, and in such denominations, as said 
county commissioners shall determine; and to provide for the pay- 
ment of said bonds and the interest thereon the said county commis- 
sioners are hereby authorized to levy such annual taxes on all the 
taxable property of the county, as may be necessary to create and pro- 
vide a sinking fund for the redemption of such bonds at maturity and 
the interest accruing thereon. Said levy shall be collected and ac- 
counted for to the county treasurer of the county in the manner pro- 
vided for the collection of other taxes. Before issuing such bonds, 
the commissioners shall, by resolution, submit to the qualified elec- 
tors of the county at the next general election for county officers held 
not less than thirty days after receiving from such agricultural society 
the notice provided for in section 3706, the question of issuing and 
selling such bonds, in amount and denomination as may be neces- 
sary for the purpose in view, and shall cause a copy of such resolution 
to be certified to the deputy state supervisors of elections of the 
county, or their successors in office, or other proper officer or officers 
having charge of the supervision of elections, and such deputy state 
supervisors of elections, or their successors in office, or other proper 
officer or officers having charge of the supervision of elections, shall 
place the question of issuing and selling such bonds upon the ballot 
and make all other necessary arrangements for the submission of such 
question to the qualified electors of such county, at the time fixed by 
the resolution. The votes cast upon such question shall be counted, 
canvassed and certified in the same manner, except as otherwise pro- 
vided by law, as votes cast for county officers. Fifteen days' notice of 
such submission shall be given by the deputy state supervisors of elec- 
tions, or their successors in office, or other proper officer or officers 
having charge of the supervision of elections, by publication once a 
week for two consecutive weeks in two or more newspapers published 
in the county, stating the amount of bonds to be issued, the purpose 
for which they are to be issued, and the time and places of holding 
such elections. Said question shall be stated on the ballot as follows : 
"For the issue of county fair bonds, yes ;" "For the issue of county 
fair bonds, no;" and if the majority of the voters voting upon the 
question of issuing the bonds are in favor thereof, then and not other- 
wise shall such bonds be issued, and the tax hereinbefore mentioned 
be levied. (O. L., v. 97, p. 298.) 

Sec. 3706c. [Control and management of lands where title is vest- 
ed in county commissioners.] That where the title to the grounds 
and improvements occupied by agricultural societies is vested in the 



14 LAWS RELATING TO AGRICULTURE. 

county commissioners, the control and management of such lands and 
improvements shall be vested in the board of directors of such agricul- 
tural society so long as the same shall be occupied and used by such 
society for holding agricultural fairs, and all moneys realized by said 
agricultural society in the holding of county fairs and derived from 
renting or leasing said grounds and buildings, or portions thereof, 
in the conduct of said county fairs or otherwise, over and above the 
necessary expenses thereof, shall be paid into the county treasury 
of said society to be used as a fund for keeping said grounds and 
buildings in good order and repair, and in making such other improve- 
ments as may from time to time be deemed necessary by the directors 
of said society. 

Sec. 3707. [How conveyances to be executed.] Conveyances 
of grounds sold under the preceding section, which are owned exclu- 
sively by any society, may be executed by the president of the society 
as such president; and grounds owned partly by the society and partly 
by the county may be conveyed by deed executed by the president of 
the society, as such president, and by the county commissioners. 

Sec. 3708. [Society cannot incumber its grounds.] When the 
commissioners of any county have paid, or hereafter pay, any money 
out of the county treasury for the purchase of real estate as a site for 
any agricultural society whereon to hold its fairs, such society shall 
not incumber such real estate with any debt, by mortgage or other- 
wise, without the consent of the commissioners. 

Sec. 3709. [Incorporation of township societies.] When any 
number of natural persons of any township form a society for the pro- 
motion of agriculture in such township, and under their hands and 
seals make a certificate, and acknowledge the same before a justice of 
the peace, in which shall be specified the name of the society, the ob- 
ject of its formation, and the township in which it shall be located, 
and file the same in the office of the secretary of state, such society 
shall be deemed a body corporate, with succession, and with power to 
sue and be sued, defend and be defended, and contract and be con- 
tracted with, may make and use a common seal, and the same alter at 
pleasure, and may purchase and hold in fee simple, or rent or lease, 
such real estate as may be required as a site for holding fairs, not ex- 
ceeding forty acres, and establish all necessary rules and regulations 
for the management of such fairs and the legitimate business of the 
society. 

Sec. 3710. [Justices of the peace may appoint special constables.] 

A justice of the peace may, on the application of a state, county, town- 
ship, or an independent agricultural society, or industrial association, 
appoint a suitable number of special constables to assist in keeping the 
peace during the time when such society is holding its annual fair, and 
shall make an entry in his docket of the number and names of all such 
persons so appointed. 

Sec. 371 1. [Powers of such constables.] Constables so ap- 
pointed shall have all the power of constables to suppress riots, dis- 
turbances and breaches of the peace; they may, upon view, arrest any 



LAWS RELATING TO AGRICULTURE. 15 

person guilty of a violation of any of the laws of the state, and may 
pursue and arrest any person fleeing from justice in any part of the 
state ; and they may apprehend any person in the act of committing 
an offense, and, upon reasonable information, supported by affidavit, 
procure process for the arrest of any person charged with a breach of 
the peace, and forthwith bring such person before the competent au- 
thority, and enforce all the laws for the preservation of good order. 

Sec. 3712. [Duties of certain officers to suppress sale of liquor 
at fairs.] A judge of any court, sheriff, coroner, justice of the peace 
of the proper county, a constable of the proper township, or the con- 
stables specially appointed shall upon view or information, without 
warrant, apprehend any person selling intoxicating liquors in violation 
of law at or within two miles of the place where an agricultural fair is 
being held, and seize the booth, tent, wagon, carriage, stand, vessel, or 
boat at or from which such liquors are being sold, and convey the same 
to a place of safe keeping, and take the person so offending before 
some officer having competent jurisdiction, together with an inven- 
tory of the things so seized, and the officer before whom such offender 
is brought shall proceed forthwith to inquire into the truth of the ac- 
cusation, and proceed as provided by law. 

Sec. 3713. [How articles seized to be disposed of.] The arti- 
cles so seized shall be bound for the payment of all fines and costs 
assessed against the accused in the proceeding, including the neces- 
sary expenses of seizing and obtaining the same, and shall remain in 
the possession of the officer who makes the seizure until the determina- 
tion of the prosecution, and may be sold on process issued therein 
against the accused. 

Sec. 3713-7. [Trespass.] That whenever any person or persons, 
corporation or association, whether incorporated or otherwise, shall 
be possessed of, as owners, or shall have the lawful custody of any 
tract or parcel of land within this state, for the purpose of an agricul- 
tural or other fair grounds, or for the purpose of meetings of pioneers, 
or for public or private entertainments or other lawful assemblages, 
or for the protection of trees, plants and shrubs, or either of them, 
or the fruits and products thereof, or for any one or all of said pur- 
poses, it shall be unlawful for any person or persons to enter or go 
upon said grounds, either through or over any fence, or in any man- 
ner, without the consent and' permission of the owner or owners 
thereof, or other person having lawful control of the same, or in viola- 
tion of the regulations of the same ; and, in case of the holding a state, 
county, township, or independent fair, it shall be unlawful for any 
person or persons to injure, molest, remove or in any way to disturb 
any exhibits or property of any kind contrary to the rules of the 
state, county, township or independent board or society, or industrial 
association, under the control and management of which said fair 
may be held. 

Sec. 3713-8. [Penalty.] Whoever shall wilfully, and in viola- 
tion of the provisions of section 3713-7 of the Revised Statutes of 
Ohio, enter or go upon any lands referred to in said section, or shall 
injure or destroy any tree, plant, shrub or other property thereon, or 



16 • LAWS RELATING TO AGRICULTURE. 

shall take or carry away any fruit, nut or other thing of value, or shall 
wilfully damage or destroy any fence enclosing said lands, or shall 
injure, molest, remove or in any way disturb any exhibit or property 
of any kind contrary to rules, shall on conviction thereof be fined 
in any sum not exceeding three hundred dollars nor less than five dol- 
lars, or be imprisoned in the jail of the proper county, or in any city, 
town, or village prison or lockup (when the offense shall have been 
committed within the corporate limits thereof) for any period not 
exceeding three months, and until said fine and costs are paid, or 
both fine and imprisonment, at the discretion of the court; and shall 
moreover be liable, in a civil action to the party damaged thereby, 
in double the value of the property taken, carried away or destroyed, 
and in double the amount of the damage thereto, to be recovered be- 
fore a justice of the peace or other court of competent jurisdiction. 

Sec. 3713-9. [Prosecutions hereunder.] Prosecutions under and 
by virtue of this act, may be by indictment in the court of common 
pleas in the county where the offense shall have been committed, or 
before a justice of the peace of such county, or before the mayor of 
a city, town, or village, when the offense shall have been committed 
within the corporate limits of the same. 

Sec. 3713-10. [Proceedings for appropriation of lands for en- 
largement of fair grounds.] When it shall be deemed necessary by 
the board of directors of any county agricultural society to enlarge 
the fair grounds under the control of such society, and the owner or 
owners of the proposed addition to said grounds and the said board 
of directors are unable from any cause to agree upon the sale and 
purchase of said additional grounds, the board shall make an accurate 
plat and description of the land which it desires for said purpose and 
file the same with the probate judge of the proper county; and there- 
upon the same proceedings of appropriation shall be had which are 
provided for the appropriation of private property by municipal cor- 
porations, said board to act for such society therein as the council 
would for the municipal corporation. 

Sec. 3713-11. [Board of directors to prosecute proceedings.] 

That if, under any existing law, it is made the duty of the county 
commissioners to purchase any such additional ground for the use 
of any such society, said board of directors shall prosecute the said 
proceedings of appropriation to their final conclusion, except so far as 
relates to payment, or any part of the purchase money, before said 
commissioners shall be called upon to act in the matter. All such 
payments or deposits, not exceeding fifteen thousand dollars ($15,000) 
in amount, shall be made by said commissioners when required so to 
do by said board of directors, or by the. court, and no delay on the 
part of said commissioners shall defeat or prevent the purchase or 
appropriation aforesaid. 

Sec. 4183. [County auditor to take possession of and sell es- 
cheated lands.] Any real property escheated to the state, except in 
a city of the first grade of the first class, shall be taken possession of, 
in the name of the state, by the auditor of the county in which it is 
found, and by him sold at public auction, at the county seat of the 
county, to the highest bidder, after having given thirty days' notice 



" 



LAWS RELATING TO AGRICULTURE. 17 

of such intended sale, in some newspaper printed within the county. 
Sec. 4184. [Appraisal, terms of sale, and deed.] The court of 
common pleas shall, on the application of the county auditor, appoint 
three disinterested freeholders of' the county, to appraise such real 
property, who shall be governed by the same rule as appraisers in 
sheriffs' or administrators' sales ; and the auditor shall sell such 
property at not less than two-thirds its appraised value, and may, in 
his discretion, sell the same for cash, or for one-third cash, and the 
balance in equal annual payments, the deferred payments to be amply 
secured; upon the payment of the whole amount of consideration 
money, he shall execute a deed to the purchaser, in the name and on 
behalf of the state of Ohio; and the proceeds of such sales shall be 
paid by the auditor to the county treasurer. 

Sec. 4185. [When lands sold, how proceeds disposed of.] The 

county treasurer shall pay the proceeds, not exceeding six hundred 
dollars in any case, of a sale of escheated lands to the regularly or- 
ganized agricultural society within the county, and the excess of 
such proceeds, or the whole thereof, if there be no such society 
within the county, to the treasurer of state, as other moneys collected 
for state purposes, for the use of the state agricultural fund. 

FRAUDULENT ENTRIES. 

Sec. 4221-7. [Fraudulent entry of horse in contest of speed.] 

In order to encourage the breeding of, and improvement in trotting, 
running and pacing horses in the state of Ohio, it is hereby made un- 
lawful for any person or persons, knowingly to enter or cause to be 
entered for competition, or to compete for any purse, prize, premium, 
stake or sweepstakes offered or given by any agricultural or other so- 
ciety, association, or person or persons in the state of Ohio, any horse, 
mare, gelding, colt or filly under an assumed name or out of its 
proper class where such prize, purse, premium, stake or sweepstake 
is to be decided by a contest of speed. 

Sec. 4221-8. [Penalty.] That any person or persons found 
guilty of a violation of section I (4221-7) of this act shall, upon 
conviction thereof, be imprisoned in the Ohio penitentiary for a period 
of not less than one year nor more than three years. 

Sec. 4221-9. [Change of name for purpose of entry.] That 
the name of any horse, mare, gelding, colt or filly for the purpose of 
entry for competition in any contest of speed, shall not be changed 
after once having contested for a prize, purse, premium, stake or 
sweepstakes, except as provided by the code of printed rules of the so- 
ciety, or association under which the contest is advertised to be con- 
ducted. 

Sec. 4221-10. [Class determined by performance.] The class 
to which a horse belongs for the purpose of an entry in any such 
contest of speed shall be determined by the public performance of 
said horse in said former contest or trial of speed, as provided by the 
printed rules of the society or association under which the proposed 
contest is advertised to be conducted. 

2-F. H. B. 



18 LAWS RELATING TO AGRICULTURE. 

Sec. 4221-11. [Cheating by false pretense.] Whoever, for the 
purpose of competing for purses or premiums, knowingly and de- 
signedly enters or drives any horse, gelding, mare, colt or filly that 
shall have been painted or disguised, or represents any other or dif- 
ferent horse, gelding, mare, colt or filly from the one which is pur- 
ported to be entered or, shall, knowingly and designedly, for the pur- 
pose of competing for purses or premiums, enter or drive a horse,, 
gelding, mare, colt or filly in a class to which it does not properly be- 
long, shall be deemed guilty of cheating by false pretense and shall 
be punished by fine and imprisonment as provided in section 2(4221-8) 
of this act. 

Sec. 4221-12. [Penalty.] Any person or persons knowingly mis- 
representing or fraudulently concealing the public performance in 
any former contest or trial of speed, [of] any horse, gelding, mare, 
colt or filly which he or they propose to enter for a competition in any 
such contest, shall, upon conviction thereof, be liable to the same 
punishment as is provided in section 2 (4221-8) of this act, whether 
he or they shall succeed in making said entry or not. 

Sec. 7006. [Exhibitions and temporary business at fairs pro- 
hibited.] Whoever exhibits or shows any natural or artificial curios- 
ity for any price or gain, or sets up to let or use for profit any swing, 
revolving swing, flying horses, whirligigs or other device, or whoever 
establishes a temporary place of business for the sale of any article 
whatsoever, or offers for sale any such article except as a regular es- 
tablished dealer in such article at his usual place of business, within 
one-fourth of a mile of the fair ground of any agricultural society, 
while the fair of such society is being held therein, unless he has ob- 
tained the written permission of the board of such society, shall be 
fined not more than one hundred dollars nor less than one dollar. 

Sec. 7076-1. [Unlawful obtaining of registry or transfer in any 
herd book; penalty.] Every person, who by any false pretense shall 
obtain from any club, association, society, or company for improving 
the breed of Jersey cattle a certificate of registration of any animal 
in the herd register or other register of any such club, association, 
society, or company, or a transfer of any such registration, and every 
person who shall knowingly give a false pedigree of any Jersey animal, 
upon conviction thereof, shall be punished by imprisonment in a jail 
for a term not exceeding six months, or by a fine not exceeding five 
hundred dollars, or by both such fine and imprisonment. 

Sec. 7076-2. [Venue.] The crime shall be deemed completed 
and every such person shall be prosecuted either in the county in 
which such certificate of registration or transfer has been obtained or 
in the county where such false pretense has been made. 

Sec. 7076-3. [False pedigree or certificate of sale of stock; pen- 
alty.] Any person who shall knowingly and wilfully furnish or [to] 
give a purchaser of any animal any false pedigree or any false certifi- 
cate of sale of such animal, and every person who shall knowingly and 
wilfully use for the purpose of deceiving, any false pedigree or false 
certificate of sale of any animal, whether such false pedigree or false 



LAWS RELATING TO AGRICULTURE. 19 

certificate of sale was furnished, given or procured in this state or 
elsewhere, shall upon conviction thereof, be punished by fine in any 
sum not less than twenty-five nor more than five hundred dollars or 
be imprisoned in the county jail for a term not exceeding six months, 
or both fine and imprisonment in the discretion of the court. 

Misrepresenting pedigree of stallion. §3213 — 1. 



AGRICULTURAL STATISTICS. 

Sec. 409-35. [Crop and stock service.] There shall be and 
hereby is established in the state of Ohio, to be under the supervision 
of the secretary of agriculture, a crop and stock service, for the pur- 
pose of collecting crop and stock statistics, and disseminating them 
over the state ; said secretary of agriculture shall appoint volunteer 
crop correspondents, receive reports from them, tabulate the same 
for permanent record, and shall issue monthly crop and stock reports ; 
and it shall be the duty of the state printer to print the same promptly 
and without delay as preferred matter for distribution from the depart- 
ment of agriculture. 

Sec. 1522. [Statistics to be gathered and returned by assessors.] 

The assessor shall, annually, at the time of taking the lists of personal 
property for taxation, require and take for each person, company and 
corporation in his township or precinct the statements following, veri- 
fied by oath, for the preceding year: 

The number of sheep killed by dogs and their value, and the 
number of sheep injured by dogs, and an estimate of the amount of 
damages by such injury; the number of acres put in wheat, rye, 
barley, corn, oats, and buckwheat, and the number of bushels of each 
produced; the number of acres in timothy and other grass, except 
clover, and the number of tons of grass and bushels of seed produced 
therefrom; the number of acres in clover, the number of tons of hay 
made therefrom, the number of bushels of seed obtained therefrom, 
and the number of acres of clover plowed under for manure ; the num- 
ber of acres planted in tobacco, and the number of pounds obtained 
therefrom ; the number of acres put in flax, and the number of pounds 
of fiber gathered, and the number of bushels of seed obtained; the 
number of acres planted in sorgo, and the number of gallons of syrup 
and pounds of sugar manufactured; the number of pounds of maple 
sugar, and the number of gallons of maple syrup manufactured; the 
number of pounds, each, of butter and cheese manufactured; the 
number of acres planted in potatoes, and the number of bushels pro- 
duced ; the number of acres planted in sweet potatoes, and the number 
of bushels produced; the number of acres in vineyard, the number 
of acres planted within the year, and the number of pounds of grapes 
gathered, and the number of gallons of wine produced; the number 
of pounds of wool shorn ; the number of acres in orchard, and the 
number of bushels of apples, peaches, cherries, plums, and pears 
produced ; the number of acres used for pasturage, and the number of 
acres not cultivated or pastured; the number of hives of bees, and the 
number of pounds of honey produced ; the number of dozens of eggs 



20 LAWS RELATING TO AGRICULTURE. 

shipped to places beyond the state ; also the number of acres sowed, 
planted or to be sowed or planted in wheat, rye, barley, oats, corn, 
and potatoes, for the harvest of the then present year. 

Sec. 1523. [Return of statistics; agricultural statistics.] The 

assessor shall make return of all the preceding statistics to the county 
Auditor, at the same time he returns the lists of personal property for 
taxation; and the county auditor shall make return to the auditor of 
state on or before the first day of August, annually, of all statistics 
returned to his office, except those statistics under the head of "agri- 
culture" (Sec. 1522, R. S.), which he shall return to the secretary of 
the state board of agriculture, on or before the tenth day of July, 
annually, and said secretary of agriculture shall compile and publish 
the same in the monthly crop and stock bulletins and annual report 
issued by the state department of agriculture. 



FARMERS' INSTITUTES. 

Sec. 3713-1. [When farmers' institute society deemed body 
corporate.] That when twenty or more persons, residents of any 
county in the state, organize themselves into a farmers' institute so- 
ciety, for the purpose of teaching better methods of farming, stock 
raising, fruit culture and all branches of business connected with the 
industry of agriculture, and adopt a constitution and by-laws agree- 
able to rules and regulations furnished by the state board of agri- 
culture; and when such society shall have elected proper officers and 
performed such other acts as may be required by the rules of the state 
board of agriculture, such society shall be deemed a body corporate. 

Sec. 3713-2. [Number, times and places of annual meetings.] 

Not to exceed four farmers' institute societies organized under the 
provisions of this act, shall hold annual meetings under the auspices of 
the state board of agriculture in any one county of the state, and the 
state board of agriculture shall have power to determine the number 
and name the times and places for holding such institute meetings. 

Sec. 3713-3. [County payments to societies and state board of 
agriculture.] When a society organized under the provisions of this 
act shall have held an annual farmers' institute meeting in accord- 
ance with the rules of the state board of agriculture, the secretary of 
said board shall issue certificates, one to the president of the farmers' 
institute society and one to the president of the state board of agricul- 
ture, setting forth these facts and, on the presentation of these certifi- 
cates to the county auditor, he shall each year draw orders on the 
treasurer of the county as follows : One in favor of the president 
of the state board of agriculture for the sum of one hundred and 
twenty-five dollars, and one in favor of the president of each farmers' 
institute society in the county, holding meetings under the auspices 
and by the direction of the state board of agriculture, for a sum not 
co exceed thirty-one dollars and twenty-five cents, for the payment of 
\iecessary local expenses, and the treasurer oof the county shall pay the 
same from the county fund; provided that in no county shall the 



LAWS RELATING TO AGRICULTURE. 21 

total annual sum exceed two hundred and fifty dollars ; and provided 
further, that the payment to any farmers' institute society shall not 
exceed the expenses, as per detailed statement provided in section 
four (3713-4) of this act. (O. L., v. 98, p. 307.) 

Sec. 3713-4. [Society's statement of expenses; what secretary's 
certificate to indicate.] With each certificate of the secretary of the 
state board of agriculture to the county auditor, which certificate 
shall indicate the number of societies organized in the county and 
holding meetings by direction of the state board of agriculture, and 
before the auditor issues his order upon the treasurer there shall be 
filed with the auditor a detailed statement of the expenses of the insti- 
tute for the current year, no part of which shall be for salaries of 
officers of the institute society; but this provision shall not apply to 
the order in favor of the president of the state board of agriculture, 
which board shall issue statement as required in section six of this act. 

Sec. 3713-5. [Lecturers at annual meetings.] At the annual 
farmers' institute meetings, held under the provisions of this act and 
under the auspices of the state board of agriculture, the said board 
shall furnish lecturers or speakers whose compensation and expense 
shall be paid by the board. 

Sec. 3713-6. [Publication and distribution of lectures and 
papers.] At the close of each season's institute work, the state board 
of agriculture shall publish in pamphlet or book form, such lectures 
and papers delivered at the several institute meetings, as may seem 
of general interest and importance to the farmers, stock breeders and 
horticulturists of the state, copies of which shall be furnished the 
secretary of each institute society, and the balance issued to be for 
general distribution ; the cost of preparing the matter and the distri- 
bution of the pamphlet or book to be paid by the state board of agri- 
culture. Said board shall also publish, in such pamphlet or book, a 
detailed statement of its receipts under the provisions of this act and 
the disbursements on account of institute work. 



COMMERCIAL FERTILIZERS. 

Sec. 4446a. [How package containing commercial fertilizer to 
be marked.] Any person or company who shall offer, sell or expose 
for sale in this state, any commercial fertilizer, shall affix to every 
package, in a conspicuous place on the outside thereof, a plainly 
printed certificate stating the number of net pounds in the package 
sold or offered for sale, the name or trade mark under which the arti- 
cle is sold, the name of the manufacturer and the place of manufacture, 
and a chemical analysis stating the percentage of nitrogen, or its 
equivalent in ammonia, in an available form, of potash soluble in 
water and of phosphoric acid, in an available form (soluble or re- 
verted) as well as the total phosphoric acid. 

As to penalty, see § 4446f. Criminal penalty for violating these sections, 
see § 7002. 



22 LAWS RELATING TO AGRICULTURE. 

Sec. 4446^. [Person offering same for sale to deposit sample with 
secretary state board of agriculture.] Before any commercial ferti- 
lizer is sold or offered for sale, the manufacturer, importer, or party 
who causes it to be sold, or offered for sale within the state of Ohio, 
shall file with the secretary of the Ohio state board of agriculture, a 
certified copy of the certificate referred to in section one [4446a] of 
this act, and shall deposit with said secretary, a sealed glass jar, con- 
taining not less than one pound of the fertilizer, accompanied with an 
affidavit that it is a fair average sample. 

As to penalty, see § 4446/ 1 . Criminal penalty for violating these sections, 
see § 7002. 

Sec. 4446c. [Manufacturer, importer, or agent to pay license.] 

The manufacturer, importer or agent of any commercial fertilizer, 
shall pay, annually, on or before the first day of May, a license fee of 
twenty dollars on each brand, for the privilege of selling or offering 
for sale within the state, said fee to be paid to the secretary of the 
Ohio state board of agriculture ; provided, that whenever the manu- 
facturer or importer shall have paid the license fee herein required, 
for any person acting as agent for such manufacturer or importer, 
such agent shall not be required to pay the fee named in this section. 

As to penalty, see § 4446/\ Criminal penalty for violating these sections, 
see § 7002. 

Sec. 4446^. [Analysis to be made by secretary of state board of 
agriculture.] All analyses of commercial fertilizers sold within the 
state shall be made by, or under the direction of the secretary of the 
Ohio state board of agriculture, and paid for out of the funds arising 
from license fees, as provided for in section three [4446c] . At least 
one analysis of each fertilizer sold, shall be annually made. 

Sec. 4446c. [Secretary to publish, annually, report of analyses 
made and fees received.] Said secretary shall publish annually, a cor- 
rect report of all analyses made and certificates filed, together with 
a statement of moneys received on account of license fees and expend- 
ed for analyses, and any surplus arising from license permits shall be 
placed to the credit of the agricultural fund. 

Sec. 4446/. [Penalty for exposing for sale or selling commercial 
fertilizer unlawfully.] Any person or party who shall offer or 
expose for sale, or sell, any commercial fertilizer without complying 
with the provisions of sections 4446a, 4446b and 4446c of the Revised 
Statutes, or shall permit an analysis to be attached to any package of 
such fertilizer, stating that it contains a larger percentage of- any one 
or more of the constituents named in said section 4446a than it really 
does contain, shall be subject to a penalt}^ of not less than two hun- 
dred dollars for the first offense, and not less than five hundred 
dollars for every subsequent offense, to be recovered in a civil action, 
and the offender, in all cases, shall also be liable for damages sustained 
by the purchasers of such fertilizers; provided, however, that a de- 
ficiency of one per cent, of the nitrogen, potash or phosphoric acid 
claimed to be contained, shall not be considered as evidence of fraud- 
ulent intent. 

Criminal penalty also provided, see § 7002. 



LAWS RELATING TO AGRICULTURE. 23 

Sec. 44460. [Where suits to recover penalties may be brought.] 

Suit may be brought for the recovery of penalties under the provisions 
of this act in the court of common pleas of the county where the fer- 
tilizer was offered for sale, or sold, or where it was manufactured, and 
all penalties so recovered, shall be paid into the state treasury to the 
credit of the general revenue fund. 

Criminal penalty also provided, see § 7002. 

Sec. 4446/1. [Secretary of state board of agriculture may select 
packages to be analyzed.] The secretary of the Ohio state board of 
agriculture, or any person by him deputized, is hereby empowered to 
select from any package of commercial fertilizer exposed for sale in 
any county in Ohio, a quantity not exceeding two pounds, which quan- 
tity shall be for analysis to compare with sample deposited with said 
secretary, as provided for in section two [4446b] of this act and with 
the printed certificate found on the given package found on sale. 

Sec. 44461. [All suits under this act to be brought by secretary 
state board of agriculture.] All suits for the recovery of fines, under 
the provisions of this act, shall be brought by the secretary of the Ohio 
state board of agriculture, in the name of the state of Ohio. 

Sec. 7002. [Unlawful sale of commercial fertilizer.] Whoever 
sells, exposes for sale, or offers for sale any commercial fertilizer with- 
out having complied with the provisions of sections 4446a, 4446b, and 
4446c, of the Revised Statutes, shall be fined in any sum not exceeding 
two hundred dollars, or imprisoned not more than thirty days, or both, 
and said fine or imprisonment, or both, shall not be a bar to the recov- 
ery of the civil penalty provided for by sections 4446/ and 4446^ of the 
Revised Statutes. 

COMMERCIAL FEED STUFFS. 

(4446;) Sec. 1. [Packages of commercial feed stuffs to be la- 
beled; what label to contain.] Every manufacturer of commercial feed 
stuffs, and every person, firm or company that shall sell, offer for sale or 
expose for sale the same in this state, shall furnish with each car or 
other amount shipped in bulk, and shall affix to every package of such 
commercial feed stuffs, in a conspicuous place on the outside thereof, 
a plainly printed statement clearly and truly certifying the number 
of net pounds in the shipment, or in each package containing such 
commercial feed stuffs, the name or trade mark under which it is sold, 
the name of the manufacturer or shipper, the place of manufacture or 
the place of business of the shipper and a chemical analysis stating the 
percentage it contains of crude protein (allowing one per centum of ni- 
trogen to equal six and one-fourth per centum of protein), crude fat 
and crude fiber. 

(4446^) Sec. 2. [Copy of label and sample of feed stuffs to be 
filed with secretary of state board of agriculture.] Before any com- 
mercial feed stuffs shall be sold or offered for sale in Ohio, the manu- 
facturer, shipper, company, firm or person who causes it to be sold 
or offered for sale, within the state, shall file with the secretary of the 



24 LAWS RELATING TO AGRICULTURE. 

Ohio state board of agriculture a certified copy of the certificate re- 
ferred to in section I of this bill, and shall deposit with said secretary 
a sealed glass jar or bottle containing not less than one pound of the 
said stuffs, sold or offered for sale, accompanied by an affidavit that 
it is a fair average sample. 

(4446/) Sec. 3. [License and fee therefor.] The manufacturer, 
importer or agent of any commercial feed stuff, shall pay annually, 
on or before the first day of March, a license fee of $25.00 on each 
brand, for the privilege of selling or offering for sale within the state, 
said fee to be paid to the secretary of the Ohio state board of agricul- 
ture, provided; That whenever the manufacturer or importer shall 
have paid the license fee herein required, any person, company or firm 
selling, or offering for sale, any commercial feed stuff, or acting as 
agent for such manufacturer or importer, shall not be required to pay 
the fee named in this section. On receipt of proper application for 
license, with license fee, the secretary of the Ohio state board of agri- 
culture shall issue license for the current year; all licenses shall ex- 
pire with the calendar year, December 31st. 

(4446m) Sec. 4. ["Commercial feed stuffs" defined.] The 

term "commercial feed stuffs" as used in this act shall include lin- 
seed meal, cotton seed meal, pea meal, cocoanut meal, rice meal, glu- 
ten meal, gluten feeds, dried brewers' grain, malt sprouts, hominy 
feeds, cerealine feeds, oats feeds, mixed feeds, and all materials of 
similar nature; but shall not include hay, straw, whole seeds, the 
mixed meals made directly from the entire grains of wheat, rye, bar- 
ley, oats, Indian corn, buckwheat and broom corn, wheat, bran, or 
middlings not mixed with other substances, but sold separately as 
distinct articles of commerce, and pure grains mixed and ground 
together. 

(4446n) Sec. 5. [Under whose direction analysis to be made 
and how paid for.] All analyses of commercial feed stuffs, sold with- 
in the state shall be made by, or under the direction of, the secretary 
of the Ohio state board of agriculture, and paid for out of the funds 
arising from license fees provided for in section 3 of this act. At least 
one analysis of each brand of commercial feed stuffs shall be made 
annually, if samples can be found in possession of agents, dealers, or 
consumers. 

(44460) Sec. 6. [Penalty for failure to comply with this act.] 

Any manufacturer, company, firm, agent or dealer, who shall sell or 
offer for sale, or expose for sale, any commercial feed stuffs in this 
state, without complying with the requirements of this act, or shall 
sell or offer or expose for sale, any commercial feed stuffs which 
contain a smaller percentage of constituents than it is certified to con- 
tain, shall upon conviction be fined not more than one hundred dollars 
for the first offense, and not more than two hundred dollars for each 
subsequent offense, and the offender in all cases, shall also be liable 
for damages sustained by the purchaser of such commercial feed 
stuffs ; provided, however, that a deficiency of two per centum of 
crude protein or two per centum of crude fat, or an excess of two 
per centum of crude fiber, claimed to be contained shall not be con- 
sidered as evidence of fraudulent intent. 



LAWS RELATING TO AGRICULTURE. 



25 



(4446/)) Sec. 7. [Penalty for failure to properly mark or brand 
adulterated packages.] Any person who shall adulterate any kind of 
meal, ground grain, bran or middlings with any other substance 
whatever, for the purpose of sale shall plainly mark or brand each 
and every package with a correct statement as to the proportions and 
kind of adulterant or adulterants used therein. The penalty for vio- 
lating this section shall be a fine of not less than ten dollars or more 
than two hundred dollars for the first offense, and not less than 
twenty-five dollars or more than five hundred dollars for each sub- 
sequent offense. 

(44464) Sec. 8. [Secretary of board of agriculture authorized 
to withdraw from packages, etc., sample for analysis.] The secretary 
of the Ohio state board of agriculture, or any person deputized by 
him, is hereby authorized to draw from any package or bulk quantity 
of commercial feed stuffs exposed for sale, or found in possession of 
any purchaser, in any county in Ohio, a quantity not exceeding two 
pounds which shall be for analysis, as provided in section 5 of this act. 

(4446;-) Sec. 9. [Prosecutions under this act.] All suits for 
the recovery of fines, under the provisions of this act, shall be brought 
by the secretary of the Ohio state board of agriculture, in the name 
of the state of Ohio. All prosecutions under this act shall be gov- 
erned by section 3718a of the Revised Statutes of Ohio and said sec- 
tion shall control all such prosecutions. 

(4446^) Sec. 10. [Publication of reports of analyses.] The 

secretary of the Ohio state board of agriculture shall publish, an- 
nually, a correct report of all analyses made and all licenses issued 
for the sale of commercial feed stuffs, together with a statement of 
all moneys received on account of license fees and all expenditures 
made in connection with securing samples, and having the same 
analyzed; and any surplus shall be placed to the credit of the agri- 
cultural fund. (O. L., v. 97, p. 395.) 



NURSERY AND ORCHARD INSPECTION, 



(4446-7) Sec. 1. [State board of agriculture empowered to 
make regulations for control and prevention of dangerously injurious 
insect pests and plant diseases.] The Ohio state board of agriculture 
is hereby empowered and directed to make such regulations as may 
be deemed necessary for the control of dangerously Injurious insect 
pests and plant diseases, and for the prevention of the spread of San 
Jose scale, peach yellows, black knot and any other dangerously in- 
jurious insect pests or plant diseases which are hereby declared a 
public nuisance and are liable to be transmitted on nursery stock. 
Said board is hereby authorized to establish a division of nursery 
and orchard inspection in the Ohio department of agriculture, and 
to appoint a competent entomologist as the chief inspector of said 
division, and the necessary assistants, who shall, under the direction 
of the board have charge of the inspection of nurseries and orchards, 
as hereinafter provided; he may investigate, or cause to be investi- 
gated, outbreaks of dangerously injurious insect pests or. plant dis- 



26 LAWS RELATING TO AGRICULTURE. 

eases, and recommend suitable measures to be taken for their eradi- 
cation or control; he is empowered to devise and test practical rem- 
edies for their suppression, and publish the results of these investiga- 
tions and such other information as may be deemed necessary. 

(4446-8) Sec. 2. [Application for inspection of nursery stock 
and premises.] Every nurseryman or other person in the state of 
Ohio who is engaged in growing trees, shrubs, plants and vines for 
sale, except such as are hereinafter specified, shall on or before the 
first day of July of each year place on file in the office of the Ohio 
department of agriculture an application for the inspection of his 
nursery stock and premises. Failure to file such application, or the 
disposal of uninspected stock, either by sale or gift, shall render the 
owner liable to the penalty provided for in section 8 of this act. The 
chief inspector shall examine, or cause to be examined, before Septem- 
ber 15th of each year, or as often as may be deemed necessary by 
said board, the nurseries and premises of all parties whose appli- 
cations, for inspection have been filed. If upon such examination the 
nursery stock and premises appear to be free from San Jose scale, 
peach yellows, black knot and other dangerously injurious insect 
pests or plant diseases, a certificate of inspection shall be given to the 
owner or lessee stating the facts, and said certificate shall be issued 
before September 15th and shall be valid for one year from that date, 
unless sooner revoked for cause. If any dangerously injurious insect 
pests or plant diseases are found on nursery stock or premises, the 
chief inspector shall order and enforce such treatment, as shall be 
deemed sufficient, before granting a certificate of inspection. Upon 
the written request of the owner or lessee of any nursery premises, 
that has been regularly inspected in accordance with the provisions 
of this section, the said board, through the chief inspector, may issue 
a certificate of fumigation, provided that all the requirements of 
the said board have been complied with, and that the said fumigation 
shall be in accordance with the directions, and under the supervision, 
of an authorized assistant inspector appointed by said board. The 
provisions of this act shall not apply to greenhouse plants and cut- 
tings thereof, bulbs, flowers and vegetable plants. 

(4446-9) Sec. 3. [Anyone dealing in nursery stock must file 
with board statement that said stock has been duly inspected ; penalty 
for failure so to file.] Every agent, dealer or any other person, not 
engaged in growing trees, shrubs, plants, or vines for sale, who sells 
or delivers such stock, shall before delivering the same annually 
place on file in the office of the Ohio department of agriculture a 
statement made under oath, before an officer qualified to administer 
oaths in the locality where he may reside, or if a nonresident of the 
state in the locality where the said stock is sold or delivered, that 
the said stock has been duly inspected and was received by him 
accompanied with a valid official certificate of inspection or fumiga- 
tion. Said statement shall also designate the name of the grower or 
growers from which such stock was obtained and the name of the 
owner or owners of the certificate or certificates under which the 
same is sold or delivered. The premises of any such person or per- 
sons as aforesaid shall be subject to inspection and to such regulations 
as may be deemed necessary by the Ohio state board of agriculture, for 



LAWS RELATING TO AGRICULTURE. 27 

the prevention of the spread of dangerously injurious insect pests 
or plant diseases. Failure to file such sworn statement, or the sale 
or delivery of such stock after the certificate under which it was 
bought has become invalid shall render the agent or dealer liable to 
the penalties prescribed in section 8 of this act. 

[When this section shall not apply.] The provisions of this sec- 
tion shall not apply to any person or persons who sells or delivers such 
stock from nurseries within this state that hold a valid certificate, 
which is provided for in this act, if the said stock is delivered direct 
from the nursery to the grower in the original package. 

(4446-10) Sec. 4. [Use of certificate when nursery stock shipped 
within the state.] Whenever a nurseryman, or any other person, shall 
ship, or deliver, within this state, except for scientific purposes, trees, 
shrubs, plants or vines, commonly known as. nursery stock, not ex- 
cepted in section 2 of this act, he shall place upon each car load, box, 
bale or other package, a copy of certificate provided for in section 2 of 
this act, and signed by the chief inspector, stating that the said stock 
is apparantly free from dangerously injurious insect pests and plant 
diseases. The illegal use of said certificate, by changing, defacing, or 
placing it on uninspected stock, or using the same after the date of ex- 
piration or revocation, shall render the owner or shipper liable to the 
penalties prescribed for a violation of this act. 

(4446-11) Sec. 5. [Same when stock is shipped into state.] Ev- 
ery package of trees, shrubs, plants or vines shipped into this state 
from any other state, territory, country or province, shall be plainly 
labeled on the outside with the names of the consignor and consignee, 
and a certificate stating that the contents have been inspected or fumi- 
gated by a state or government officer, and that the trees, shrubs, 
plants or vines therein contained are apparently free from dangerously 
injurious insect pests and plant diseases. If any trees, shrubs, plants or 
vines shall be shipped into this state without such certificate plainly 
affixed on the outside of the package, box or car containing the same, 
the facts must be reported within twenty-four hours to the chief in- 
spector or a regularly appointed assistant, by the railroad, express or 
steamboat company, or by any other person or persons carrying the 
same, and it shall be unlawful to deliver such property until it has 
been examined by a regularly appointed inspector, and by him certi- 
fied to be apparently free from dangerously injurious insect pests and 
plant diseases. Any agent or common carrier, or persons carrying 
such property as aforesaid, who shall fail to give such notice as is 
hereby required, shall be deemed guilty of a violation of this act. 
When nursery stock is shipped into this state accompanied by a cer- 
tificate, as herein provided, it shall be held as prima facie evidence 
of the facts therein stated, but the chief inspector, when he has reason 
to believe that any such stock is infested or infected, as hereinbefore 
described, is hereby authorized to cause the same to be examined. In 
case the same is found to be infested or infected by dangerously in- 
jurious insect pests or plant diseases, it shall be seized and the ship- 
per shall be immediately notified, and after ten days from such seiz- 
ure it may be declared a public nuisance and destroyed. 



28 LAWS RELATING TO AGRICULTURE. 

(4446-12) Sec. 6. [Examination of trees, plants,etc v upon petition.] 

Upon the petition of any freeholder or lessee within the state of Ohio, 
the chief inspector may cause to be examined any trees, shrubs, plants 
or vines, , either on the premises of said, petitioner, or in dangerous 
proximity thereto, as to the presence of dangerously injurious insect 
pests or plant diseases ; and shall by himself, or through his assistant, 
have the right, within reasonable hours, to enter upon any premises 
in the prosecution of the duties denned in this act. If the examina- 
tion discloses the presence of San Jose scale, peach yellows, black 
knot or any other dangerously injurious insect pest or plant disease, 
the chief inspector shall notify the owner or lessee of the premises 
in writing of the facts by mailing such notice to his usual post office 
address. He shall also state the limit of time within which treatment 
must be applied by the owner or lessee, in accordance with the direc- 
tions issued by the Ohio state board of agriculture, and specify such 
trees, shrubs, plants or vines as must be destroyed, also when they 
shall be declared a public nuisance, provided the aforesaid orders are 
not complied with. Should the owner fail to apply the treatment re- 
quired in said notice in a satisfactory manner, and within the time 
specified, such treatment may be carried out under the direction of 
the chief inspector, and the entire cost of such treatment shall be cer- 
tified to the county auditor of the county in which the property is lo- 
cated, and the same shall become a lien on the premises and shall be 
collected by the county treasurer as other taxes, and when collected 
shall be paid to the Ohio state board of agriculture. The owner 
of any premises as hereinbefore mentioned shall, in addition, be 
deemed guilty of a violation of this act, by reason of failure to comply 
with the requirements of said notice and shall be liable to the penalty 
provided. 

(4446-13) Sec. 7. [Destruction of trees, etc., by inspectors; 
judicial investigation.] Whenever the chief inspector, or any duly 
appointed assistant inspector, shall order any trees, shrubs, plants 
or vines growing in this state, or any nursery stock that has been 
shipped in from outside the state, to be destroyed, and the owner shall 
fail, for ten days after notice of such order, to destroy the same, as 
directed by such order, such failure shall be deemed a demand on the 
part of the owner to have judicially determined the right to enforce 
such destruction, and shall act as a stay upon the proceedings until 
such judicial determination shall be had; and, in such case, the chief 
inspector, or any duly appointed assistant inspector, shall commence, 
without delay, an action in the probate court of the county in which 
the trees, shrubs, plants, or vines or nursery stock are located, by filing 
an affidavit therein, setting forth that the trees, shrubs, plants or vines 
or nursery stock are infested or infected with dangerously injurious 
insect pest or plant diseases, a description of the premises whereon the 
same are located, the name of the owner or lessee of such premises, 
and of all persons having an interest in such premises or trees, shrubs, 
plants or vines, and, if the same are nursery stock, the name of the 
person, firm or corporation in whose possession the same are found, 
and that ten days have elapsed since orders have been made for the 
destruction of the same, and that such orders have not been obeyed. 
Upon such affidavit being filed, the probate judge shall issue summons 
for all persons named in such affidavit, which shall contain a copy of 



LAWS RELATING TO AGRICULTURE. 29 

said affidavit, commanding them to appear at a time to be fixed therein, 
not exceeding five days from the date thereof, to answer such com- 
plaint ; such summons shall be directed to, and served by, the sheriff of 
the county, and may be served by him in any county in this state, and 
shall be served and returned, as directed by said probate court. At 
the time fixed in such summons, if the jury be not waived, said court 
shall order a jury to be drawn, and such jury shall be drawn, sum- 
moned, and impanelled, as in other civil cases, in probate courts, and 
the state of Ohio shall be plaintiff and the persons named in the affi- 
davit shall be defendants, and no pleadings other than such affidavits 
shall be required, and the issue shall be whether said trees, shrubs, 
plants or vines, or nursery stock, are infested or infected with danger- 
ously injurious insect pest or plant diseases, and all proceedings shall 
be had in the trial of such complaint, as are provided for the trial of 
civil cases, in probate courts. If the jury shall find that the orders 
for the destruction of the trees, shrubs, plants or vines, or nursery 
stock should be obeyed, it shall return a verdict finding the issues 
with the plaintiff, but if it should fail to so find, it shall return a ver- 
dict finding the issues with the defendant or defendants; and if the 
issues are found with the plaintiff, the court shall enter judgment 
against the defendant, or defendants, for costs, and cause execution 
to be issued therefor, and shall issue an order to the chief inspector, 
or assistant inspector, to enforce the orders by him made; but if the 
issues are found with the defendant, or defendants, the action shall be 
dismissed and the orders for destruction annulled, and the costs shall 
be ordered paid by the Ohio state board of agriculture, and paid by it 
out of any funds appropriated for carrying out this act. In the mat- 
ter of taxing and apportioning costs, the court shall have the same 
equity powers as are now conferred upon courts of common pleas. 

(4446-14) Sec. 8. [Penalty for violation of this act.] Any 

owner or lessee who shall fail, neglect, or refuse to treat infested or 
infected trees, shrubs, plants or vines within the time, and in the 
manner, prescribed in said notice, and any person who shall be 
ordered to destroy any trees, shrubs, plants or vines, or nursery stock, 
and shall fail, neglect or refuse to destroy the same, as ordered, 
within ten days after the probate court shall have issued its order 
to the chief inspector, or assistant inspector, to enforce the orders 
by him made, and any person who shall fail, neglect, or refuse to 
comply with, or obey, any order made pursuant to the provisions 
of this act, or who shall fail, neglect, or refuse to comply with any 
of the requirements or provisions hereof, or who shall violate 
or neglect to carry out, or offer any hindrance to the carrying out of 
any of the provisions of this act, shall be adjudged guilty of a mis- 
demeanor, and, upon conviction thereof, shall be fined not less than 
ten dollars or more than one hundred dollars for the first offense, 
and not less than fifty dollars or more than three hundred dollars for 
any subsequent offense, and the costs of prosecution, and stand com- 
mitted until the same are paid. It shall be the duty of the prosecuting 
attorney of the county to conduct all prosecutions under this act, and 
all fines recovered shall be pafd to the Ohio state board of agriculture. 
The probate court of each county in this state shall have original and 
final jurisdiction in all the prosecutions under any of the provisions 
of this act, and, for the trial of the same, such courts shall always be 



30 LAWS RELATING TO AGRICULTURE. 

open, regardless of the terms fixed in said courts for the trial of crim- 
inal cases, and the complainant shall not be required to give security 
•for costs. 

(4446-15) Sec. 9. [Annual report to governor.] The Ohio state 
board of agriculture shall make an annual report to the governor of 
the state concerning the operations of the divisions of nursery and or- 
chard inspection, which shall give the number of nurseries inspected, 
the number of certificates issued, the number of trees treated and 
destroyed by the direction of the chief inspector, and such other in- 
formation as may be deemed necessary. (O. L., v. 97, p. 172.) 

Sec. 6864. [Malicious destruction of trees and crops.] Whoever 
maliciously cuts down, or destroys, or by girdling, or any other 
means, injures, any standing or growing vine, bush, shrubs, sapling 
or tree, not his own, or maliciously injures or destroys, or severs 
from the land of another, any product standing or growing thereon, 
or any other thing attached thereto, shall, if the value of the thing 
destroyed, or the amount of the damage done to any such thing, or 
to the land, is thirty-five dollars or more, be imprisoned in the peni- 
tentiary not more than three years nor less than one year, or, if the 
value is less than that sum, be fined not more than one hundred and 
fifty nor less than five dollars, or imprisoned not more than thirty 
days nor less than one day. 

BOARD OF LIVE STOCK COMMISSIONERS* 

(421 1-9) Sec. 1. [Board of live stock commissioners; how con- 
stituted ; duty as to extirpating diseases ; officers and rules and regula- 
tions.] The Ohio state board of agriculture shall be and is hereby 
constituted the board of live stock commissioners for the promotion 
and protection of the live stock interests of the state and the preven- 
tion of the spread of infectious and contagious diseases among domes- 
tic animals and the extermination of the same ; and to co-operate with 
the bureau of animal industry of the United States department of 
agriculture, in the suppression and extirpation of contagious and in- 
fectious diseases among domestic animals. The board may elect such 
officers as it may deem necessary, and shall have power in its organ- 
ization and work to prescribe such rules and establish such regula- 
tions, not in conflict with law, as it may deem necessary, to secure 
strict quarantine, and otherwise prevent the spread of infectious and 
contagious diseases among live stock and extirpate the same so far as 
it may be able to do. 

(4211-10) Sec. 2. [Duty as to extirpating diseases.] The board 
of commissioners are authorized to use all proper means to prevent 
the spread of dangerous and fatal diseases among domestic animals, 
and to provide for the extirpation of such diseases ; and in the event of 
any such contagious or infectious disease breaking out in this state, it 
shall be the duty of all persons owning or having in charge animals 
infected with the same, to immediately notify said board of commis- 
sioners, or some member thereof, of the existence of such disease, and 
thereupon it shall be the duty of said board immediately to cause 
proper examination thereof to be made by a competent veterinarian ; 



LAWS RELATING TO AGRICULTURE. 31 

and if said disease shall be found to be a dangerously contagious or 
infectious malady, the board shall order the diseased animals, and such 
as have been exposed to the contagion, to be strictly quarantined in 
charge of such person as the board, or an authorized member thereof, 
shall designate, and to order any premises or farms where such dis- 
ease exists, or has recently existed, to be put in quarantine, so that 
no domestic animal subject to such disease, be removed from or 
brought to, the premises or places so quarantined ; and the board shall 
prescribe such regulations as they may deem necessary to prevent the 
contagion from being communicated in any way from the premises so 
quarantined. 

(4211-11) Sec. 3. [Bodies of dead animals.] The bodies of ah 
dead animals shall be buried or burned by the owners thereof, as pro- 
vided by law. 

See § 6923a. 

(4211-12) Sec. 4. [An act to suppress dangerously contagious 
diseases of animals; expenses of quarantining such animals; duty of 
sheriffs and constables.] That any person having in his possession, 
or under his care, any animal which he knows, or has reason to believe, 
is affected with a dangerously contagious or infectious disease, and 
does not, without unnecessary delay, make known the same to said 
board, or to some member thereof, or to the sheriff or constable of the 
proper county, to be by him communicated to said board, or any per- 
son or corporation who shall bring into this state, or sell or dispose 
of any animal, knowing the same to be affected as aforesaid, or any 
animal having been exposed to such contagion, within three months 
of such exposure, or shall move the animal so diseased or exposed 
from the quarantine to which it was ordered by the board of com- 
missioners, or shall move any animal to or from any district in this 
state declared to be infected with such contagious disease, or shall 
bring into this state any animal of the kind diseased from any district 
outside of the state that may at any time be legally declared to be. 
affected with such disease, without the consent of said board, except 
under such conditions as are or may be prescribed by said board, 
shall, upon conviction of either of the aforesaid offenses, be fined in any 
sum not exceeding five hundred dollars. And all proper expense in- 
curred in the quarantining of animals under the provisions of this act, 
shall be paid by the owners thereof, and if the same is refused, after 
demand made by order of the commissioners, an action may be 
brought to recover the same with costs of suit, which action may be in 
the name of the state of Ohio, for the use of the board of live stock 
commissioners. It shall be the duty of all sheriffs and constables to 
execute within their several counties all lawful orders of the said 
commissioners. 

(4211-13) Sec. 5. [Records of board; report, compensation and 
expenses.] The board of live stock commissioners shall keep a record 
of its acts and investigations of diseases of live stock and report the 
same to the governor on the first Monday of November, annually, 
and shall publish and distribute such bulletins and reports as may be 
deemed of general interest and information. The supervisor of public 



32 LAWS RELATING TO AGRICULTURE. 

printing shall provide for such printing as the board may deem neces- 
sary and desirable to benefit the live stock interests of the state, under 
the same provisions as are made for other state printing. Each mem- 
ber of said board shall receive for his services the sum of three dollars 
per day and necessary traveling expenses for each day he is actually 
engaged in the investigation and eradication of diseases of domestic 
animals by the direction of the board. 

Sec. 4211-15. [Proclamation prohibiting importation of dis- 
eased live stock.] Whenever the governor of the state of Ohio, upon 
receipt of information from the state board of live stock commis- 
sioners, shall believe that any dangerous, contagious or infectious dis- 
ease has become epidemic in certain localities in other states, terri- 
tories or countries, or that there are conditions which render domestic 
animals of such infected district liable to convey such disease, he shall 
by proclamation; prohibit the importation of any live stock of the 
kind diseased into the state, except under such regulations as may 
be prescribed by the state board of live stock commissioners and ap- 
proved by the governor. 

Sec. 4211-16. [Appraisement and killing of diseased animals.] 

When in the opinion of the commissioners it shall be necessary to 
prevent the further spread of any dangerous, contagious or infectious 
disease among the live stock of the state, to destroy animals affected 
with or which have been exposed to any such disease, it shall deter- 
mine what animals shall be killed, and shall appraise or cause the 
same to be appraised, by disinterested citizens as hereinafter provided, 
and cause such animals to be killed, and their carcasses to be disposed 
of as in the judgment of the commission will best protect the health 
of domestic animals of the locality; provided, that no animal shall be 
slaughtered under the provisions of this act unless first examined by 
a competent veterinarian in the employ of the commission, and the 
disease with which it is affected or to which it has been exposed 
adjudged to be a dangerous and contagious malady. 

Sec. 4211-16$. [Appointment of veterinarian; duties.] The 

board of live stock commissioners shall appoint a competent veteri- 
narian, whose compensation shall be fixed by the board; such veteri- 
narian to perform all duties prescribed by the board and be subject to 
such rules and regulations as it may adopt. In case of an outbreak 
of animal disease, the board may, if it is deemed advisable, appoint 
temporarily, additional veterinarians or other persons for any special 
work in furtherance of the live stock interests of the state, and fix 
their compensation. 

Sec. 4211-166. [Power as to inspection and protection of live 
stock.] In the enforcement of any of the provisions of this act or 
any other laws relating to the board of live stock commissioners, and 
in the enforcement of the rules and regulations that may be adopted 
under the authority of this act, the board of live stock commissioners, 
or any of them or their authorized officers, agents or employes, shall 
have authority to enter upon any public or private premises, or within 
any building where live stock is housed, or to enter any railway car 
or any boat or other conveyance used in the transportation of live 
stock, for the purpose of inspection and for the protection of the live 
stock of the state. 



LAWS RELATING TO AGRICULTURE. 



33 



Sec. 421 1- 1 6c. [Penalty for failure to comply with rules of 
board.] The failure of any individual, company -or corporation to 
comply with the rules of the board of live stock commissioners, or to 
respect its regulations with regard to diseased animals, when notified 
so to do, shall subject the offender to a penalty of not less than fifty 
($50) dollars nor more than five hundred ($500) dollars, to be recov- 
ered by civil action in the county where the offense is committed or 
in the county of Franklin, and in addition to the penalty above pro- 
vided, a person violating any of the provisions of this act, shall be 
deemed guilty of a misdemeanor, and on conviction shall be fined not 
less than fifty ($50) dollars nor more than two hundred ($200) dol- 
lars ; such fines and penalties to be collected in the name of the state 
of Ohio, for the use of the board of live stock commissioners. 

Sec. 42 1 1- 1 6 d. [Co-operation with United States department of 
agriculture.] The board of live stock commissioners is authorized 
to accept on behalf of the state the rules and regulations prepared 
by the commissioners of agriculture under and in pursuance of sec- 
tion three, of an act of congress, approved May 29, 1888, entitled 
"An act for the establishment of a bureau of- animal industry, to 
prevent the exportation of diseased cattle and to provide means for 
the suppression and extirpation of pleuro-pneumonia and other con- 
tagious diseases among domestic animals," and to co-operate with 
the authorities of the United States in the enforcement of the pro- 
visions of such act. 

Sec. 4211-16^. [Power of inspector of bureau of animal industry 
of United States.] The inspector of the bureau of animal indus- 
try of the United States shall have the right of inspection, quaran- 
tine and condemnation of animals affected with any contagious, infec- 
tious, or communicable disease, or suspected of being so affected, 
or that have been exposed to any such disease ; and for these purposes 
are authorized and empowered to enter upon any ground or premises 
in the state. They shall have power to call upon any constables 
and peace officers to assist them in the discharge of their duties in 
carrying out the provisions of said act of congress ; and it is made 
the duty of said officers to assist them when so requested. The in- 
spectors shall have the same powers and protection as peace officers 
while engaged in the discharge of their duties. 

Sec. 4211-17. [Compensation for animals destroyed.] In case 

of destruction of any animal under the provisions of this act, the 
compensation to be made for the same by the state shall be com- 
puted upon the basis of the actual value of the diseased animal, if 
any, at the time of slaughter; for any animal that has been kept in 
the same building or enclosure two-thirds of such value, and in case 
of other animals destroyed for the extinction of such disease, the 
full value of the same without reference to the suspicion of contagion ; 
provided, that no compensation shall be made to any person who 
may have brought animals into the state affected with such contd. 
gious disease, or from a district in which such contagious disease 
existed, or who may have wilfully concealed the existence of such 
disease among his stock or on his premises, or may have by wilful 
neglect or purposely contributed to the spread of such contagion ; 

3— F. H. B. 



34 LAWS RELATING TO AGRICULTURE. 

and in appraising animals to be slaughtered as herein provided, no 
allowance shall be made on account of such animal being thorough- 
bred, or pedigree stock. 

Sec. 4211-18. [Appropriation to pay claims; how made.] All 

claims against the state by owners of animals slaughtered under the 
provisions of this act, shall, when approved by the board of live 
stock commissioners, be reported by said commission to the governor, 
to be by him communicated to the legislature with the recommen- 
dation, if the matter is approved by him, that the proper appropria- 
tion be made to pay such claims. 

Whereas, All cattle wintered in the states of Florida, South Caro- 
lina, North Carolina, Georgia, Alabama, Mississippi, Louisiana, Ten- 
nessee, Arkansas, Texas and the Indian territory, are infected with a 
germ which renders them capable, except during the frost of winter, of 
infecting northern cattle with a malady commonly known as "Texas 
fever," while they show no manifestation of disease; therefore, 

Sec. 42 1 1- 1 9. [The driving of cattle from certain states for- 
bidden during certain months; conveyance by railway forbidden, 
except.] During the months of March, April, May, June, July, 
August, September and October no cattle shall be permitted to be 
driven into this state from any of the above mentioned states or Indian 
territory, or that shall have been wintered therein, nor shall any person 
or company bring, or cause to be conveyed into this state by railway 
or otherwise, any such cattle under said conditions, except as speci- 
fied in the next section of this act. 

Sec. 4211-20. [Unloading of certain cattle in certain months 
forbidden, except.] Any railroad or other transportation company 
conveying into or through this state, or any stock-yard company 
receiving such cattle during the months aforesaid will not be per- 
mitted to unload the same in this state for any other purpose than to 
be fed and watered or for immediate slaughter, and in yards and prem- 
ises especially provided for that purpose, into which northern cattle 
will not be permitted to enter. And the location and arrangement 
of the said yards and premises and the disinfection of the cars and 
quarters used in the transportation of such cattle shall be governed 
by the rules and regulations prescribed by the board of live stock 
commissioners. 

Sec. 42 1 1-2 1. [Penalty.] Any person or corporation that shall 
bring or cause to be brought or driven into this state, any cattle 
wintered in the states or territory above mentioned, or to be driven or 
conveyed otherwise than as herein specified, shall, upon conviction 
thereof, be fined in any sum not less than one hundred dollars, nor 
more than one thousand dollars, and shall, moreover, be liable for all 
damages that may be occasioned on account of other cattle being in- 
fected with said disease. 

Sec. 4211-22. [Duty of transportation companies; penalty for 
violation of such duty.] It shall be the duty of all railway and other 
transportation companies bringing into and unloading in this state 



LAWS RELATING TO AGRICULTURE. 35 

cattle, otherwise than as specified in section two (4211-20) of this act 
during the months above specified, to require a statement to be made 
in their shipping bills, showing in what state or territory the cattle 
shipped were wintered ; and it shall be the duty of every railroad com- 
pany bringing into this state cattle, which may unload such cattle for 
any other purpose than to be fed and watered as specified in section 
tzvo (4211-20) of this act, to leave at the office of such. company nearest 
the point where such cattle may be unloaded, a copy for public inspec- 
tion of the statement above required, showing where the same were 
wintered ; and any company or corporation neglecting to comply 
with the provisions of this section, shall, upon conviction thereof, be 
fined in any sum not exceeding five hundred dollars. 

Sec. 4211-23. [Prosecution for offenses hereunder.] Upon the 
request of the board of live stock commissioners it shall be the duty 
of the prosecuting attorney of any county in which the suit may 
be brought to begin and prosecute any action for the violation of the 
provisions of this act and the rules and regulations of the board of live 
stock commissioners. Proceedings against any railway company un- 
der this act may be had in any county in this state through which any 
portion of such company's road may pass, or in which its principal 
office may be situated ; and process may be served by leaving a copy 
at the office of such company within such county. 

Sec. 4211-24. [Penalty for selling or failing to keep securely 
isolated horses, etc., affected with glanders.] Any person owning 
or having in charge any horse, mule or ass. that he knows or has 
reason to believe is affected with the disease known as glanders or 
farcy, or that has been adjudged to be so affected by the state board 
of live stock commissioners, upon a report made to said board by a 
competent veterinary surgeon, in their employ, after a careful exami- 
nation of such animal, who shall sell or otherwise dispose of, or se- 
crete the same, or shall fail to keep such animal securely isolated so 
that contact with other horses, mules or asses shall not be possible, 
shall, upon conviction of either of said offenses, be fined in any sum not 
exceeding five hundred dollars, and shall moreover, be liable for all 
damages sustained by reason of the same. 

Sec. 4211-25. [Appraisal and payment of compensation in case 
of destruction of such animals by order of live stock commission.] 
In case the live stock commissioners shall order the destruction of any 
animal affected with glanders or farcy in the chronic stage of the dis- 
ease, which ma3^ be adjudged capable of rendering some service, the 
board may cause the animal to be appraised, and order such compensa- 
tion to be paid out on the order of the live stock commissioners, on the 
warrants of the auditor of the state out of any funds in the treasury to 
the credit of the live stock commission, as in the judgment of the com- 
missioners may be just, not exceeding its cash value; provided the 
horse was not diseased when passed in possession of the owner. 

Sec. 4211-26. [Penalty for suffering sheep affected with scab 
to run at large or for selling same, knowing, etc.] Any person own- 
ing or having in charge any sheep affected with foot-rot or scab who 
shall suffer the same to run upon any highway, common or other 



36 LAWS RELATING TO AGRICULTURE. 

uninclosed ground, or shall sell such sheep, knowing or having reason 
to believe them to be diseased, without disclosing the fact to the pur- 
chaser, shall, upon conviction of either of said offenses, be fined in any 
sum not exceeding one hundred dollars, and be liable to parties injured 
for all damages sustained. 

See § 6855 as to allowing diseased animals to run at large. 

Sec. 4212. [Duties of carriers and owners of stock yards.] All 

railway companies and owners of steamboats used in conveying live 
stock and owners of stock yards and other premises that may be oc- 
cupied by such stock, shall, immediately upon discovering any con- 
tagious disease among stock occupying such cars, boats, yards, or 
other premises, take all possible measures to prevent such diseased 
stock from communicating the contagion to other stock, and shall 
moreover cause all such cars, boats, yards, and premises to be thor- 
oughly disinfected before the same shall be occupied by other stock. 
Every corporation and company, their officers and employes, or indi- 
viduals violating the provisions of this section, shall pay a penalty not 
exceeding five hundred dollars, to be recovered in any court of compe- 
tent jurisdiction, and shall also be liable to parties injured for all dam- 
ages that may be occasioned thereby. 

CATTLE-CONTAGIOUS DISEASES. 

Sec. 4210. [What cattle infected with disease shall not be 
brought into state.] No person shall bring into the state of Ohio 
any cattle infected with the disease commonly known as the "Texas or 
Spanish fever," or pleuro-pneumonia, rhinderpest, or other contagious 
diseases or any cattle liable to impart such fever or disease to other 
cattle; but this section shall not affect common carriers who are not 
the owners of cattle. Whoever violates the provisions of this, section 
shall be liable to any person injured by bringing such cattle into the 
state in the amount of any loss occasioned thereby, in addition to other 
penalties provided by law. 

For importing cattle infected with Spanish fever, see § 7003. 

Sec. 421 1. [Presumption in actions to recover damages for in- 
fection.] Whenever any Texas or Cherokee cattle, liable to impart 
disease, are brought into the state, and any such disease as Texas or 
Spanish fever makes its appearance within sixty days, and infects other 
cattle that have been on the same highway, common, or pasture 
ground traveled over by such Texas or Cherokee cattle with such dis- 
ease, such fact shall be deemed and taken in action to recover damages 
as. prima facie evidence that such Texas or Cherokee cattle were in- 
fected with the disease known as the "Texas or Spanish fever," and 
that they imparted such disease ; and the owner of such Texas or Cher- 
okee cattle at the. time they were brought into the state, and the owner 
of such cattle at the time the disease makes its appearance, shall be 
jointly and severally liable for any damages resulting from such dis- 
ease. 

Sec. 7003. [Importing cattle infected with Spanish fever.] Who- 
ever except common carriers not the owners of cattle transported by 
them, brings into this state any cattle infected with the disease com- 
monly known as the Texas or Spanish fever, or cattle liable to impart 
such fever to other cattle, shall be fined not more than five hundred 
nor less than fifty dollars. 



LAWS RELATING TO AGRICULTURE. 37 

HOGS CHOLERA. 

Sec. 421 1-6. [Transportation of cholera-infected hogs.] From 
and after the passage of this act, it shall be unlawful for any person 
or persons owning or having charge of any hog or hogs infected with 
cholera, to transport the same within the borders of this state. 

Sec. 4211-7. [Liability of violator.] Any person or persons vio- 
lating the provisions of this act, shall be liable for all damages result- 
ing from the introduction of such disease thereby, to be recovered by 
any person so damaged, and shall also be deemed guilty of a misde- 
meanor, and on conviction thereof shall be fined in any sum not ex- 
ceeding five hundred dollars, or be imprisoned in the jail of the county 
not exceeding six months, or both. 

Sec. 42 1 1-8. [Common carriers or employes not affected, etc.] 
This act shall not be construed so as to affect common carriers or their 
employes, and shall take effect and be in force from and after its 
passage. 

Sec. 6855. [Selling diseased animals, allowing same to run at 
large or come in contact with other animals.] Whoever, being the 
owner, or having the charge of any animal mentioned in section sixty- 
eight hundred and fifty, knowing the same to have any infectious or 
contagious disease, or to have been recently exposed thereto, sells, 
barters, or disposes of such animal, without first disclosing to the per- 
son to whom the same is. sold, bartered or disposed of, that such 
animal is so diseased, or has been so exposed, as aforesaid, or know- 
ingly permits such animal to run at large, or, knowing such animal 
to be diseased as aforesaid, knowingly permits the same to come into 
contact with any such animal of another person without his knowl- 
edge or permission, shall be fined not more than five hundred nor 
less than twenty dollars, or imprisoned not more [than] thirty days, 
or both. 

Sec. 6923a. [Bodies of animals dying from contagious diseases 
must be burned or buried.] The bodies of all animals dying from 
contagious diseases, shall be burned, or buried at least four feet below 
the surface of the ground by the owner thereof. Any such owner 
permitting such dead animals to remain unburned, or unburied, or 
neglecting, or refusing to comply with the provisions of this section 
within twenty-four hours after having knowledge of the existence 
of such dead animals, or after notice thereof, in writing from the trus- 
tees of the township in which such dead animals may be found, it 
shall be the duty of said trustees to proceed to dispose of such dead 
animals as provided in this section, and such owner, so neglecting 
or refusing shall be fined in any sum not less than five dollars, nor 
more than twenty dollars, together with the cost of suit, and all neces- 
sary expenses incurred by said trustees in disposing of such animals. 
Action to recover fines, costs, and expenses as herein provided, shall 
be brought upon complaint of said trustees before any justice of the 
peace, in the township in which such owner resides. Provided, 
that the dead bodies of such animals may be removed to a fertilizing 
establishment, if removed in a water-tight tank, 



38 LAWS RELATING TO AGRICULTURE. 

ANIMALS RUNNING AT LARGE, ETC 

Sec. 4201. [What animals shall not run at large ; penalties against 
owner.] The owner or keeper of a stallion, jack, bull, boar, or buck, 
shall not allow the same to go or be at large, out of his own inclosure, 
under penalty of ten dollars for the first offense, and of twenty-five dol- 
lars for each and every subsequent offense, to be recovered by civil 
action, in the name of the state of Ohio, before a justice of [the] peace 
of the township in which such owner or keeper, or either of them may 
reside; and such penalty shall be for the benefit of, and, when collected 
paid into the common school fund of the township in which the suit 
is brought ; but such suit shall be brought within sixty days after such 
animal is found to be at large. 

Sec. 4202. [Certain animals not to run at large; penalty.] No 

person or corporation being the owner or having the charge of any 
horses, mules, cattle, sheep, goats, swine, dogs or geese shall suffer 
the same to run at large in any public road or highway, or in any street, 
lane or alley, or upon any uninclosed land or cause such animals to be 
herded, kept or detained for the purpose or grazing the same on prem- 
ises other than those owned or occupied by the owner or keeper of 
such animals, except as hereinafter provided ; and any person violating 
the provisions of this section shall forfeit and pay for every such viola- 
tion, as penalty therefor, not less than one dollar, nor more than five 
dollars; continued violation after notice, or prosecution, shall be held 
to be an additional offense for each and every day of such continuance. 

Sec. 4203. [County commissioners may grant permission for ani- 
mals to run at large ; duties of road superintendents as to animals run- 
ning at large.] General permission may be granted by the com- 
missioners of any county for any animal named in the preceding sec- 
tion to run at large in their respective counties ; in counties where there 
is no general permission, township trustees may grant special permits 
directed to individuals, and for particular animals described therein, 
revokable at the discretion of the township trustees upon three days' 
notice, in writing, to the owner of such animal; and such permission 
whether general or special shall terminate on the first Monday of 
March in each year ; but no permit shall be granted for any swine to 
run at large ; and in case any person shall permit any swine belonging 
to him, or being under his control, to run at large he shall thereby be 
deprived of the benefit of any permit issued to him, as to any domestic 
animals whatsoever, and also of the benefits of any general permit is- 
sued by the county commissioners, and be subject to all the fines and 
penalties hereinafter provided ; and it is hereby made the duty of all road 
superintendents upon view or information to cause all swine found 
running at large upon roads within their respective districts to be 
impounded and such further proceedings had as required by other 
sections of this chapter, and if any such road superintendent shall fail 
or refuse to perform such duty he shall be fined not less than two, 
nor more than five dollars for each and every offense, to be collected 
and applied as provided in section forty-two hundred and four and 
the trustees of the township are hereby authorized and required to re- 
tain any unpaid costs or fines from any sum that may be due and 
unpaid to such superintendent for services rendered in his official 
capacity. (O. L., v. 98, p. 333.) 



LAWS RELATING TO AGRICULTURE. 39 

Sec. 4204. [How penalties collected, andd disposition thereof.] 

All suits to recover the penalties provided for in section forty-two 
hundred and two, shall be brought in the name of the state of Ohio, or 
complaint of a person feeling aggrieved, before a justice of the peace, 
or other court having jurisdiction where the offense is committed; the 
party offending shall, on conviction, pay the amount of penalties ad- 
judged, with costs; and all money collected as penalties shall be paid 
into the treasury of the township where the offense was committed, for 
the use of common schools therein. 

Sec. 4205. [Suit for penalty not to be commenced without no- 
tice.] No prosecution shall be commenced to recover the penalties 
named in section forty-two hundred and two until at least one day's 
notice has been given to the owner or person having charge of such 
animal, as the case may be, and it shall be a sufficient defense to such 
prosecution to show that such animal was at large without the knowl- 
edge of such owner or keeper, and without his fault. 

Sec. 4206. [Owner of animal liable for damages.] The owner 
or any person having in charge any animal described in section forty- 
tzuo hundred and two, allowing the same to run at large in violation 
thereof, shall be liable for all damages done by such animal upon the 
premises of another, without reference to the fence which may inclose 
the premises ; but nothing herein shall be so construed as to render an 
owner or keeper of an animal mentioned in section forty-two hundred 
and tzuo, liable for damages arising to a railroad. 

Sec. 4207. — [Animal running at large may be treated as estray; 
penalty.] A person finding an animal mentioned in section forty-two 
hundred and two, at large, contrary to the provisions of this chapter 
may, and any constable of any township, or any road superintendent 
in any township or Village, or marshal or constable of any city or 
village, on view or information, shall take up and confine the same, 
forthwith giving notice thereof to the owner, if known, and if not 
known, by posting notices describing such animals therein, in at least 
three public places within the township ; and if the owner does not 
appear and claim his property, and pay all charges for taking up, ad- 
vertising, and keeping the same, within ten days from the date of the 
notice, the animals may be proceeded with under the laws regulating 
estrays ; the mere, act of any such animal running at large in or upon 
any of the places mentioned in section forty-two hundred and two, 
shall be prima facie evidence that such animal is so running at large 
contrary to the provisions thereof, but if it be proven that such animal 
escaped from the owner or keeper thereof, without his knowledge or 
fault, then it shall be given up to the owner or keeper, upon pay- 
ment of a reasonable compensation for taking up and keeping the 
same. And if any constable, road superintendent or marshal, above 
named, shall wilfully neglect to perform any of the duties above re- 
quired, he shall be fined not more than twenty-five dollars ($25.00), 
or imprisoned not more than ten days or both. (O. L., v. 98, p. 334.) 

Sec. 4208. [Fees for taking up animals.] The person, road su- 
perintendent or officer taking up any such animal shall be entitled 
to charge and receive from the owner the following fees in addition 



40 LAWS RELATING TO AGRICULTURE, 

to those authorized by law regulating estrays, to-wit: For taking up 
and advertising each animal of the horse or mule kind, one dollar; 
each head of neat cattle, seventy-five cents ; each swine, fifty cents ; 
each sheep, dog or goose, twenty-five cents ; and also, reasonable pay 
for keeping the same; provided, that for the taking up of any single 
herd or flock, the fee shall not exceed five dollars, whenever the flock 
or herd belongs to one person. (O. L., v. 98, p. 334.) 

Sec. 4209. [Pounds.] The trustees of any township may pro- 
cure or construct an inclosure or pound, wherein animals taken up 
under the provisions of this chapter may be confined ; and the trustees 
may appropriate from the township funds an amount not exceeding 
one hundred dollars for that purpose. If the trustees of any township 
fail to build or erect such pound or inclosure, any owner or lessee of 
land in the township where the stock is found running at large, con- 
trary to law, may detain or keep the same in any field, pen or stable, 
which shall be the same in effect as though the stock were impounded 
in a pound erected by the township trustees, but no stock running at 
large, contrary to law, shall be taken up, and confined in any private 
inclosure where township pounds have been provided according to law. 

Sec. 4209-1. [Pounds in incorporated villages.] The council 
of any incorporated village may procure or construct an inclosure or 
pound wherein animals taken up within the said incorporated vil- 
lage, under the provisions of section 4207 and 1692 of the Revised Stat- 
utes, may be confined, and like notices shall be given and like proceed- 
ings shall be had in such cases as are required by section 4207 Re- 
vised Statutes; and the council may appropriate from the general 
fund of such incorporated village an amount not exceeding one hun- 
dred dollars for said purpose. 

Sec. 4209-3. [Duties of pound-masters; release of impounded 
animals.] That any pound-master so appointed finding an animal 
mentioned in section 4202 of the Revised Statutes of Ohio, at large, 
contrary to the provisions of the chapter of which said section 4202 is 
a part, on view or information shall take up and confine the same with- 
in the pound under his charge, forthwith giving notice thereof to the 
owner of such animal, if known, and if not known, by posting a notice 
describing such animal therein at the gate of such pound, and if said 
owner does not appear and claim his property and pay all charges 
for taking up, advertising and keeping the same within ten (10) days 
from the date of said notice, such animal or animals so taken up and 
confined may be proceeded with under the laws regulating estrays ; 
the mere act of any such animal running at large in or upon any of the 
places mentioned in said section 4202 shall be prima facie evidence that 
such animal is so running at large contrary to the provisions thereof, 
but if it be proven that such animal escaped from the owner or keeper 
thereof, without his knowledge or fault, then it shall be given up to 
the owner or keeper thereof upon payment at the rate of fifty cents 
($.50) per day of twenty-four hours for keeping the same from the 
date of taking up until surrendered to the owner. And if any pound- 
master so appointed shall take any animal named in section 4202 out of 
an inclosure where the same has been placed by the owner, or shall 
wilfully neglect to perform any of the duties above required, he shall, 



LAWS RELATING TO AGRICULTURE. 41 

upon conviction, be fined not more than twenty-five dollars ($25.00) or 
imprisoned not more than twenty (20) days or both. 

Sec. 4209-4. [Fees.] Any of said pound-masters taking up any 
such animal shall be entitled to charge and receive from the owner 
or keeper of such animal the fees prescribed by section 4208 of the 
Revised Statutes of Ohio. 

Sec. 6850. [Altering ear-marks or brands of domestic animals.] 

Whoever maliciously alters or defaces any artificial ear-mark or brand, 
upon any horse, mare, foal, filly, jack, mule, ass, sheep, goat, cow, ox, 
steer, bull, heifer, or swine, the property of another, shall be fined not 
more than fifty dollars, or imprisoned - not more than twenty days, or 
both. 

Sec. 6851. [Killing or injuring domestic animals.] Whoever 
maliciously kills or injures any animal mentioned in the last section, 
the property of another, shall, if the value of the animal killed, or the 
injury done is thirty-five dollars or more, be imprisoned in the peni- 
tentiary not more than five years nor less than one year, or, if the value 
is less than that amount, be fined not more than two hundred nor less 
than twenty dollars, or imprisoned not more than three months, or 
both. 

Sec. 6852. [Administering poison to domestic animals.] Who- 
ever maliciously administers poison, of any sort whatever, to any ani- 
mal mentioned in section sixty-eight hundred and fifty, the property of 
another, with intent to injure or destroy such animal, shall be fined not 
more than two hundred nor less than fifty dollars, or imprisoned not 
more than thirty days, or both. 

Sec. 6853. [The last two sections not to apply to trespassing 
animals.] The last two sections shall not extend to a person who 
kills or injures, or attempts to kill or injure, any animal mentioned 
therein while endeavoring to prevent it from trespassing upon his in- 
closure'or while it is trespassing therein, or thereafter driving it away 
from his premises ; provided, within fifteen days payment shall be made 
in full for all damages done to such animal by such killing or injur- 
ing, less the amount of actual damage done by such animal while so 
trespassing, or a sufficient amount be deposited with the nearest jus- 
tice of the peace within said fifteen days to cover all such damages. 
Otherwise the provisions of the two preceding sections shall be and 
remain in full force. Any such money so deposited with a justice of 
the peace to remain in his charge and custody until a determination of 
the amount of damages resulting from such killing or injury, and the 
damages from such trespassing, and while in the custody of such jus- 
tice he and his bondsmen shall be responsible for its safekeeping and 
proper payment of such as for money collected on a judgment, and 
such justice shall be entitled and draw a fee of five per cent, for his ser- 
vices in becoming such custodian. 

Sec. 6854. [Taking, using, etc., horse, mule, etc., without leave.] 

Whoever wrongfully takes or unhitches any horse, mare, gelding, foal, 
or filly, ass, or mule, from the stable or lot of another, or from any 



42 LAWS RELATING TO AGRICULTURE. 

other place where any such animal has been lawfully hitched or placed, 
without the consent of the owner of the animal so taken or unhitched, 
with intent to injure, set at large, or use such animal, shall be fined not 
more than two hundred dollars, or imprisoned not more than ninety 
days, or both. 

Sec. 6857. [Horse-stealing, and receiving or concealing stolen 
horse, or concealing horse-thief.] Whoever steals any horse, mare, 
gelding, foal, or filly, ass or mule, that shall have been stolen, knowing 
the same to have been stolen, with intent to defraud, or knowingly 
conceals any horse-thief, shall be imprisoned in the penitentiary not 
more than fifteen years nor less than one year. 

For "an act for the apprehension and conviction of horse-thieves and other 
felons," see § 3705-11 et seq. 

Sec. 3213-1. [Lien of keeper of stallion or jack.] That the keeper 
of any stallion or jack shall have a lien upon the get of the same for the 
period of twelve months after birth of the same, for the payment of the 
service of any such stallion or jack. 

[Enforcement of lien.] Such keeper or owner may enforce said 
lien by replevin of the property before any justice of the peace of the 
township where the property is found, and after gaining possession of 
the same, he may, after first giving ten days' notice to the reputed 
owner thereof of his intention to do so,. sell the same at public sale after 
two weeks' notice of the time and place of sale by notices posted up in 
five conspicuous and public places in the township where proceedings 
in replevin are had. 

[Disposition of proceeds from sale.] And out of the proceeds of 
sale retain the amount due him for said service, with the costs by him 
incurred in said replevin suit, and accounting to the owner for the 
surplus realized by said sale. And the- owner of any such stallion or 
jack, when payment is made to him, or his agent, for any such get, shall 
deliver to the payee a receipt in full for the amount so paid, and stat- 
ing for what paid. 

[Penalty for misrepresenting pedigree of stallion or jack.] And 

any such keeper or owner of any stallion or jack, who misrepresents 
the pedigree, or fails to publish a correct pedigree of his stallion or 
jack, when excellency of good qualities are claimed on account thereof, 
shall, upon proof of such misrepresentation, forfeit the services in any 
case when legally contested and proven, and shall be otherwise pun- 
ished as provided by law against the use of false pedigree. 



LAWS RELATING TO AGRICULTURE. 43 

DOGS. 

Sec. 2754. [Dogs shall be listed.] Every dog over three months 
of age shall be listed, either by the owner or by the assessor in the 
name of the owner without affixing any valuation thereto; but the 
owner may, if he so desire, affix any value thereto he wishes, without 
'swearing to the valuation. Every person who keeps or harbors a 
dog or dogs, or who knowingly permits the keeping or harboring of a 
dog or dogs upon his or her premises, shall for the purpose of such 
listing and taxation be deemed the owner thereof; and the assessor 
shall ascertain the owner or harborer of every dog within his territory, 
and for this purpose may examine under oath any person or persons 
he may think proper. 

Sec. 2833. [Tax on dogs; distribution of tax.] In the tax list 
duplicate there shall be collected for the number of and per capita 
tax on dogs, and in addition to the proper tax on any valuation that 
may be fixed upon dogs by the owners, which shall be included with 
the personal property valuation, and taxed therewith, the auditor 
shall levy one dollar on each male and spayed female dog, and two 
dollars on each unspayed female dog, which per capita tax shall be 
levied upon and entered against the real estate upon which said dog 
is kept or harbored and collected as are other taxes upon real estate and 
shall constitute a special fund to be disposed of in the payment of 
sheep claims, as provided in section 4215. And if, after paying all such 
sheep claims, at the June session of the county commissioners, there 
remain more than five hundred dollars of such fund, the excess, at such 
June session, shall be transferred and disposed of as follows : In any 
county in which there now exists a society for the prevention of cruel- 
ty to children and animals, incorporated and organized under chapter 
13, title 2, division 2, of the Revised Statutes, and in any county in 
which no such society now exists, but in which there may be hereafter 
incorporated and organized such society in accordance with said chap- 
ter, title and division, and such societies now existing or which may 
hereafter be organized, shall have one or more agents appointed in 
pursuance of said chapter, title and division, all or such portion of such 
excess as the county commissioners, in their discretion, may deem neces- 
sary for the uses and purposes of such society, shall, by order of the 
county commissioners, upon the warrant of the county auditors, be 
paid to the treasurer of such society, and any surplus not so transferred 
shall be transferred to the school fund. 

Sec. 2. [Penalty against assessor for failing to enlist dogs.] The 

assessor in assessing property failing 1 to enlist all dogs kept or har- 
bored upon any property shall be subject to a fine of not more than 
$75.00 nor less than $25.00. (O. L., v. 98, p. 87.) 

Sec. 4212-1. [When dog to be considered property.] Any ani- 
mal of the dog kind listed and valued for taxation as other [personal] 
property, and due return thereof made by the owner or harborer to 
the assessor or county auditor and the per capita tax upon such animals 
in addition to the proper tax on any valuation which may have been 
placed on such animal by the owner or harborer thereof shall have been 
paid when due, shall be considered as property and such animal shall 



44 LAWS RELATING TO AGRICULTURE. 

have all the rights and privileges and be subject to the same restraints 
as are provided by law for other live stock ; provided that no recovery 
shall be had for the malicious and unlawful killing of such animal, in 
excess of double the amount for which any such dog is listed for taxa- 
tion; provided, further, that nothing in this section shall be so con- 
strued as to make it unlawful for any person to kill any animal of the 
dog kind that. chases, worries, injures or kills any sheep, lamb, goat, 
kid, domestic fowl, animal or person ; and provided, further, that if any 
person in attempting to kill such animal so running at large, fails to 
kill, and wounds the same, he shall not be liable to prosecution under 
section 6951 which provides against cruelty to animals. - 

Sec. 4212-2. [When dog may be killed at any time; owner 
liable for damages.] Any animal of the dog kind that chases, wor- 
ries, injures or kills any sheep, lamb, goat, kid, domestic fowl, animal 
or person, may be killed by any person, at any time or place. And the 
owner, owners or harhorers of any animal of the dog kind, that chases, 
worries, injures or kills any sheep, lamb, goat, kid, animal or person, 
shall be jointly and severally liable to any person so damaged to the 
full amount of the injury done ; and the court or justice before whom 
the recovery is had for any such injury shall declare the animal found 
to have occasioned the injury to be a common nuisance and order the 
defendant to kill or cause to be killed such animal within twenty-four 
hours after the rendition of the judgment; or the court or justice may 
order any constable or marshal or sheriff to kill such animal. 

Sec. 4214. [Liability to owner of dog for killing or injury.] 

The owner of any such animal listed for taxation, killed or rhaliciously 
injured contrary to law, or carried or enticed away from the premises 
of the owner or harborer for the purpose of being killed or injured, 
may recover of the person so killing or injuring the same, as exemplary 
damages any sum not exceeding that for which such animal stands re- 
turned, for taxation. 

As to the taxation of dogs, see §§ 2754, 2833, R. S. • 

Sec. 4215. [Statement pi damages for sheep killed or injured 
by dogs; witnesses.] Any person damaged by the killing or injuring 
of sheep by dog or dogs, ma}^ present a detailed account of the injury 
done, with damages claimed therefor, verified by affidavit at any regu- 
lar meeting of the trustees of the township where the damage or in- 
jury occurred, and within six months thereafter, which account shall 
state the kind, grade, quality and value of the sheep so killed and the 
nature and amount of the injury,. and shall make it appear to the satis- 
faction of the trustees upon the parol testimony of at least two other 
persons who are freeholders of the neighborhood where the injury 
was done, that the damage claimed is just and reasonable; and also 
make it appear that such injury was not caused in whole or in part 
by any animal kept or harbored by him, or by an employe or tenant 
of the owner upon such owner's premises, and that he does not know 
whose animal committed such injury, or if known and such account 
reduced to judgment could not be collected on execution. 



LAWS RELATING TO AGRICULTURE. 45 

[Fees of witnesses; oaths of claimant and witnesses.] And the 

witnesses in such cases, not exceeding two, shall be allowed fifty 
cents each and mileage as in other cases ; the trustees are hereby au- 
thorized and empowered to administer oath or affirmation to any such 
claimant or witness; provided, however, that if the sheep killed or 
injured are in the care of an employe or tenant of the owner of the 
same, such affidavit may be made by such employe or tenant, and 
the testimony of such employe or tenant may be received in regard to 
all matters relating thereto to which such owner would be competent 
to testify. 

[Hearing, allowance, indorsement, transmission and record of 
claims.] The trustees shall hear such claims in the order of their 
filing, and may allow the same or such parts thereof as they deem 
right, and if satisfied that such claim is correct and just, they shall 
endorse thereon the amount allowed and transmit the same with the 
testimony so taken, together with the fees due witnesses over their 
own official signatures to the county commissioners, in care of the 
county auditor, who shall enter upon a book to be kept for that pur- 
pose, in their order, each claim received. 

[Examination and order for payment.] The county commis- 
sioners shall, at their next regular meeting, examine the same, and if 
found in whole or in part correct and just, order the payment thereof, 
or such parts as they may have found correct and just, to be paid out 
of the fund created by the per capita tax on dogs. 

[Payment.] And such claims as may have been allowed in 
whole or in part, shall be paid only at the June session of such com- 
missioners; and provided, that if such fund is insufficient to pay all 
such claims in full, they shall be paid pro rata. 

[Blanks for accounts, affidavits and testimony.] All accounts, 
affidavits and testimony shall be made upon blanks, the form of which 
shall be prepared by the secretary of state, and which blanks shall be 
furnished by the county commissioners. (O. L., v. 97, p. 276.) 

Sec. 4215a. [Allowance by county commissioners of damages 
for sheep killed by dogs.] That any surplus of funds arising from the 
per capita assessment upon dogs, transferred to the school fund under 
section four thousand two hundred and fifteen in any county unless 
otherwise directed by law, shall be appointed [apportioned] to the 
different townships or cities in proportion to the amount of tax actual- 
ly collected from such townships or cities, and said surplus, if any, 
shall be paid to the treasurers of the several townships or cities as the 
case may be and the treasurers of the several townships or cities, 
shall pay on the order of the township clerk, or city auditor, or comp- 
troller, to each sub-district or special school district therein in propor- 
tion to its enumeration of youth of school age, for the use of the school 
or schools of said sub-district or special school district, the amount 
found due the same from funds credited to the township or city from 
surplus dog tax. 



46 LAWS RELATING TO AGRICULTURE. 

(42150-1) Sec. i. [Provisions for reimbursement of expenses 
paid by person injured by mad dog.] That any person who shall be 
bitten or injured by a dog or canine, which at the time of the biting 
or injury to said person was suffering from or afflicted with what is 
known as rabies, and which said bite or injury by said dog or canine, 
caused said person to employ medical or surgical treatment, and re- 
quired of said person the expenditure of money in the care and treat- 
ment resulting from said bite or injury, may present a detailed and 
itemized account of the actual expenses incurred and amount paid for 
medical and surgical attendance/verified by affidavit of said injured per- 
son administrator or executor and attending physician ; but if said injured 
person be a minor the said affidavit must be made by the parent of said 
minor or his duly appointed and qualified guardian, attending physi- 
cian or administrator or executor. Said detailed statement as afore- 
said must be presented within four months after the injury was re- 
ceived, at a regular meeting of the county commissioners of the county 
where the said injury was received. 

' [From what fund money to be drawn.] The county commis- 
sioners shall, within a reasonable time and not later than the third reg- 
ular meeting after the presentation of said verified account as aforesaid, 
examine the same, and if found in whole or in part correct and just, 
may in their discretion order the payment thereof, or such parts as 
they may have found in their judgment correct and just, to be paid out 
of the fund created by the per capita tax on dogs, but no one person 
shall receive for any one injury under this act a sum exceeding five 
hundred ($500.00) dollars. (O. L., v. 97, p. 68.) 



SOCIETIES TO PREVENT CRUELTY TO ANIMALS. 

Sec. 3714. ["Ohio Humane Society;" powers, etc.; representa- 
tives; the object of; power to acquire property; board for manage- 
ment of bequests, etc.; officers and rules; agents; powers of agents; 
branch societies; societies now organized may become branches.] 

The Ohio state society for the prevention of cruelty to animals, here- 
tofore incorporated, shall be and remain a body corporate, under the 
name of "the Ohio humane society" with all the powers, privileges, 
immunities, and duties heretofore possessed by said Ohio state society 
for prevention of cruelty to animals, hereinafter specified, as to county 
associations, and may appoint any person, in any county in this state 
where there is no such active association, to represent the state so- 
ciety, and to receive and account for all funds coming to the society, 
from fines or otherwise. The objects of said society and all societies 
heretofore or hereafter organized under sections three thousand seven 
hundred and fifteen and three thousand seven hundred and sixteen of 
the Revised Statutes shall be the inculcation of humane principles, and 
to secure the enforcement of "laws for the prevention of cruelty, es- 
pecially to children and animals, to promote which object the said 
societies may respectively acquire property, real or personal, by pur- 
chase or gift. All property acquired by gift, devise, or bequest for 
special purposes shall be vested in a board of trustees consisting of 
three members elected by the society, which board shall manage said 
property, and apply the same in accordance with the terms of the gift, 



LAWS RELATING TO AGRICULTURE. 47 

devise, or bequest, with power to sell the same and re-invest the pro- 
ceeds. Said society may elect such officers, and make such rules and 
regulations and by-laws as may be deemed necessary or expedient 
by their members for their own government and the proper manage- 
ment of their affairs. Said society may appoint agents in any county 
of this state, where no active society exists under sections three thou- 
sand seven hundred and fifteen and three thousand seven hundred 
and sixteen of the Revised Statutes to represent the society, and 
receive and account for all funds coming to the society from fines or 
otherwise, and may also appoint agents at large to prosecute the work 
of said society throughout the state. The agents of said society and 
of all societies heretofore or hereafter organized under sections three 
thousand seven hundred and fifteen and three thousand seven hundred 
and sixteen of the Revised Statutes whose appointment has been ap- 
proved as hereinafter provided, shall have power to arrest any per- 
son found violating any law for the protection of persons or animals, 
or the prevention of cruelty thereto, and upon making such arrest 
shall forthwith convey the person arrested before some court or mag- 
istrate having jurisdiction of the offense, and there make complaint 
against them, but said agents shall not be authorized to make such 
arrests within any municipal corporation unless their appointment 
has been approved by the mayor thereof, nor within any county beyond 
the limits of a municipal corporation, unless their appointment has 
been approved by the probate judge of said county, and the mayor or 
probate judge shall keep a record of all such appointments. Branches 
of the society consisting of not less than ten members may be organ- 
ized in any part of the state to prosecute the work of the societies 
in their several localities, under rules and regulations prescribed by the 
society. Societies for the prevention of acts of cruelty to animals 
organized in any county under section three thousand seven hundred 
and fifteen may become branches of said society by resolution adopted 
at a meeting thereof called for that purpose, a copy of which resolu- 
tion shall be forwarded to the secretary of state. 

Sec. 3715. — [Other societies authorized.] Societies for the pre- 
vention of acts of cruelty to animals may be organized in any county, 
by the association of not less than seven persons, and the members 
thereof shall, at a meeting called for the purpose, elect not less than 
three of their members directors, who shall continue in office until 
their successors are duly chosen. 

Sec. 3716. [How incorporated.] The secretary or clerk of the 
meeting shall make a true record of the proceedings thereat, which he 
shall certify, and forward to the secretary of state, who shall record 
the same ; the record shall contain the name by which such association 
shall have determined to be known, and from and after the filing of 
the same the directors and associates, and their successors, shall be 
invested with the powers, privileges, and immunities incident to in- 
corporated companies ; and a copy of the record, duly certified by the 
secretary of state, shall be deemed and taken, in all courts and places 
in this state, as evidence that such association is a duly organized 
and incorporated body. 



48 LAWS RELATING TO AGRICULTURE. 

Sec. 3717. [May elect officers, and make regulations.] Such 
associations may elect such officers, and make such rules, regulations, 
and by-laws, as may be deemed necessary or expedient by their mem- 
bers for their own government, and the proper management of their 
affairs. 

Sec. 3718. [Societies may appoint agents to enforce law; approval 
of appointment; salary of agent.] Such associations may appoint 
agents who shall be residents of the county or municipality for which 
the appointment is made for the purpose of prosecuting any person 
guilty of any act of cruelty to persons or animals within this state, 
who shall have power to arrest any person found violating any of the 
provisions of this chapter, or any other law for the purpose of protect- 
ing persons or animals or preventing any act of cruelty thereto; 
and upon making such arrest, such agent shall convey the person so 
arrested before some court or magistrate having jurisdiction of the 
offense, and there forthwith make complaint on oath or affirmation, 
of the offense ; but all appointments by such associations under this 
section must have the approval of the mayor of the city or village for 
which the appointment is made, and if it exists outside of any city or 
village the appointment must be approved by the probate judge of the 
county for which the appointment is made, and the mayor or probate 
judge shall keep a record of all such appointments ; provided that 
upon the approval of the appointment of any such agent or agents by 
the mayor of the city or village, the council of such city or village shall 
pay monthly to such agent or agents, out of the general revenue 
fund of such city or village, such salary as the council may deem just 
and reasonable; and upon the approval of the appointment of any such 
agent or agents by the probate judge of the county, the county com- 
missioners shall pay monthly to such agent or agents, out of the gen- 
eral revenue fund of the county, such salary as the commissioners may 
deem just and reasonable; and provided further that the commission- 
ers and the council of any such city or village may agree upon the 
amount each shall pay such agent or agents monthly, and the amount 
of salary to be paid monthly by the council of any such village to 
any such agent shall not be less than five dollars, by the council of 
any such city not less than twenty dollars, and by the commissioners 
of any such county not less than twenty-five dollars ; provided that not 
more than one agent in each county shall receive remuneration from 
the county commissioners under the provisions of this section. (O. 
L., v. 98, p. 44.) 

Sec. 3718a. [Jurisdiction of justices, police judges and mayors 
in prosecutions for adulteration of food, etc., and for cruelty to animals 
or children.] Any justice of the peace, police judge, or mayor of any 
city or village, shall each have jurisdiction within his county, in all 
cases of violation of the laws to prevent the adulteration of food and 
drink, the adulteration or deception in the sale of dairy products, or 
any other foods, and drugs and medicines, and any violation of the 
law for the prevention of cruelty to animals or children, or under sec- 
tion 3140-2, 4364-24, 4364-25, 6984, 6984a of the Revised Statutes of 
Ohio. In any such prosecution where imprisonment may be a part 
of the punishment, if a trial by jury be not waived, the said justice of 
the peace shall, not less than three nor more than five days before the 



LAWS RELATING TO AGRICULTURE. 49 

time fixed for trial, certify to the clerk of the court of common pleas of 
his county that such prosecution is pending before him. Thereupon 
said clerk shall proceed to draw, in the presence of representatives 
of both parties, from the jury wheel or box containing the names of 
persons selected to serve as petit jurors in the court of common pleas 
in said county, twenty ballots or names, which shall be drawn and 
counted in the same manner as for jurors in said court of common 
pleas. Said clerk shall forthwith certify the names so drawn to said 
justice of the peace, who, upon receipt thereof, shall issue to any 
constable of the county a venire containing such names to serve as 
jurors to try such case and make due return thereof. The jurors 
shall be subject to the same challenges as jurors are subject to in 
criminal cases, except capital cases, in the court of common pleas. If 
the venire of twenty names be exhausted without obtaining the re- 
quired number to fill the panel, the justice shall fill the panel with 
talesmen in the manner provided for criminal cases in said court of 
common pleas. In all cases prosecuted under the provisions of this 
act, no costs shall be required to be advanced or be secured by any 
person or persons authorized under the lawto prosecute such cases; 
and if the defendant be acquitted or discharged from custody, by 
nolle or otherwise, or if he be convicted and committed in default 
of paying fine and costs, all costs of such case shall be certified by 
said justice of the peace under oath to the county auditor, who, after 
correcting any errors in the same, shall issue a warrant on the county 
treasury, in favor of the person or persons' to whom such costs and 
fees shall be paid. And in cases brought for any violation of law 
for the prevention of cruelty to animals or children, or under sec- 
tion 3140-2, 6984, 6984*7 or (7017-3) Revised Statutes of Ohio, any 
humane society or their agents may employ an attorney to prosecute 
the same, who shall be paid for his services out of the county treas- 
ury in such sum as any judge of the court of common pleas or probate 
judge, within said county, or the county commissioners, may approve 
as just and reasonable. • 

In pursuing or arresting any defendant and in subpoenaing the 
witnesses, the jurisdiction and powers of the constable or other cOurt 
officer acting in such capacity, in all such cases, shall be the same 
as that of the sheriff of the county in criminal cases in the common 
pleas court, and he shall receive the same fees therefor as are allowed 
said sheriff. Jurors in all such cases and witnesses subpoenaed in all 
such cases shall be entitled to like mileage and fees, as are allowed in 
criminal cases in the court of common pleas, and in all other respects, 
in so far as the same may be applicable, the procedure provided 
for in criminal cases in the common pleas court not otherwise incon- 
sistent herewith, shall be followed. A.nd provided further, that where, 
in any such laws, after the first offense, a different punishment is 
provided for subsequent offenses, the information or affidavit, in order 
to avail the state of the benefit of such additional punishment, shall 
so charge that it is the second or subsequent offense, and unless such 
special charge is so made, the punishment shall in all cases be as of 
the first offense. All costs and moneys which are to be paid by 
the county treasurer as herein provided, shall be paid out of the gen- 
eral . revenue fund of said county. 

4-F. H. B. 



50 LAWS RELATING TO AGRICULTURE. 

And in any case prosecuted under the provisions of this section, 
a new trial, after a verdict of conviction, may be granted, for any 
of the reasons enumerated in section seventy-three hundred and fifty 
of the Revised Statutes, upon the written application of the defendant, 
filed within three days after the rendition of the verdict; provided 
that the causes enumerated in subdivision two, three and five of said 
section must be sustained by affidavits or other evidence showing 
their truth and may be controverted by like evidence. 

Sec. 3719. [Magistrates may authorize certain inspections.] 

When complaint is made, on oath or affirmation, to a magistrate or 
court authorized to issue warrants in criminal cases, that the com- 
plainant believes that any of the provisions of law relating to or affect- 
ing animals are being or are about to be violated in any particular 
building or place, such magistrate or court shall issue and deliver 
immediately, a warrant directed to any sheriff, constable, police officer, 
or agent of such association, authorizing him to enter and search such 
building or place, and to arrest any person' there present violating, or 
attempting to violate, any such law, and to bring such person before 
some court or magistrate of competent jurisdiction within the city, 
village, or county within which such offense has been committed, to 
be dealt with according to law, and such attempt shall be held to be a 
violation of such law, and shall subject the person charged therewith 
if found guilty, to the penalties provided therein. 

Sec. 37190. [Duties of police officer; penalty.] When a sheriff, 
constable, marshal, police officer, or any agent for any duly incorpo- 
rated society for the prevention of cruelty to animals, has reason to be- 
lieve that any person within his jurisdiction is about to violate the 
provisions of section sixty-nine hundred and fifty-two, of the Revised 
Statutes, he shall forthwith arrest such person and take him before a 
magistrate named in section seventy-one hundred and six; upon the 
proper affidavit being filed, such officer shall hear the witnesses pro- 
duced, on oath, and if he find the complaint true, order the accused to 
enter into a recognizance, with sufficient sureties, in a sum not less 
than one hundred dollars nor more than five hundred dollars, that he 
will not violate the provisions of said section sixty-nine hundred and 
fifty-two, within one year thereafter, within this state, and in default 
of such recognizance the officer shall commit the accused to jail, there 
to remain until such order is complied with, or he is otherwise dis- 
charged by due course of law, or until he shall make and subscribe an 
oath, in the presence of two witnesses, that he will not violate the pro- 
visions of said section six thousand nine hundred and fifty-two of the 
Revised Statutes of Ohio, nor aid or abet in so doing within said year. 
Upon conviction of such person for a subsequent violation of the 
provisions of said section within said year, he shall be fined not less 
than twenty-five dollars ($25) nor more than five hundred dollars 
($500), or imprisoned not less than thirty days nor more than ninety 
days, or both, in the discretion of the court. 

Sec. 3720. [Police powers of officers and agents.] An officer, 
agent, or member of any such association may interfere to prevent the 
perpetration of any act of cruelty to animals in his presence, and may 
use such force as may be necessary to prevent the same, and to that 
end may summon to his aid any bystanders. 



LAWS RELATING TO AGRICULTURE. 51 

Sec. 3721. [Interpretation of certain words.] In this chapter, 
and in every law of the state relating to or in any mann'er affecting 
animals, the word "animal" shall be held to include every living dumb 
creature; the words "torture," "torment," and "cruelty," shall be held 
to include every act, omission, or neglect whereby unnecessary or un- 
justifiable pain or suffering is caused, permitted, or allowed to con- 
tinue, when there is a reasonable remedy or relief; and the words 
"owner" and "person" shall be held to include corporations ; and the 
knowledge and acts of agents and employes of corporations, in regard 
to animals transported, owned, employed by, or in the custody of a 
corporation, shall be held to be the act of such corporation. 

Sec. 3722. [Member may require police officer to act.] A mem- 
ber of any such association may require the sheriff of any county, the 
constable of any township, the marshal or policeman of any city or 
village, or the agent of any such association, to arrest any person found 
violating the laws in relation to cruelty to persons or animals, and to 
take possession of any animal cruelly treated, in their respective 
counties, cities, or villages, and deliver the same to the proper officers 
of such associations ; and for such service, and for all services ren- 
dered in carrying out the provisions of this chapter, such officers, 
and the officers and agents of the association, shall be allowed and 
paid such fees as they are allowed for like services in other cases, 
which shall be charged as costs, and reimbursed to the association 
by the person convicted. 

Sec. 3723. [A person guilty is liable in damages.] A person 
guilty of cruelty to an animal, the property of another, shall be liable 
to the owner thereof in damages, in addition to the penalties pre- 
scribed by law. 

Sec. 3724. [Conviction of agent no bar to action against prin- 
cipal.] The conviction of an agent or employe shall not bar an action 
for cruelty to animals against an employer for allowing a state of facts 
to exist which will induce cruelty to animals on the part of such agent 
or employer. ^ 

Sec. 3725. [Any person may protect an animal from neglect.] 

Whenever it may be necessary, in order to protect any animal from 
neglect, any person may take possession of the same ; and whenever 
an animal is impounded, yarded or confined, and continues without 
necessary food, water, or proper attention for more than fifteen 
successive hours, any person may, from time to time, and as often as 
it may be necessary, enter into and upon any place in which such 
animal is so impounded, yarded, or confined, and supply it with 
necessary food or water and attention, so long as it there remains, 
or may, if necessary or convenient, remove such animal, and shall not 
be liable to any action for such entry ; in all cases the owner or 
custodian of such animal, if known, shall be immediately notified of 
such action, by the person taking possession of such animal ; if the 
owner or custodian be unknown, and cannot be ascertained with 
reasonable effort, such animal shall be held to be an estray, and shall 
be dealt with as such ; the necessary expense for food and attention 
given to any animal under the provisions of this section, may be 



52 LAWS RELATING TO AGRICULTURE. 

collected of the owner of such animal, and the animal shall not be 
exempt from levy and sale upon execution issued upon a judgment 
therefor. 

For strays and drifts, see § 6627 et seq. 

Sec. 3725a. [Animal may be ordered killed.] Any sheriff, con- 
stable, marshal, policeman, or agent, of any society for the prevention 
of cruelty to animals, may kill, or cause to be killed any animal found 
neglected or abandoned, and which in the opinion of three reputable 
citizens, is injured or diseased, past recovery or by age has become 
useless. 

This section is unconstitutional: Brice v. Humane Society, 4 C. C. 358. 

Sec. 3725-1. [Removal of child from possession of parent by 
officer of humane society.] Whenever any officer or agent of a 
society in this state, organized under title 2, chapter 13, of the Re- 
vised Statutes, shall deem it for the best interest of any child, either 
by reason of cruelty inflicted upon said child or by reason of the 
surroundings of the child, that said child" be removed from the pos- 
session and control of the parents or other person or persons having 
charge thereof, said officer or agent may take possession of said child 
summarily ; 

[Notice.] And shall cause a notice to be personally served upon 
the person having control or possession of said child and upon the 
parent or parents of said child, if within the state, that the said 
society will apply to the probate court of the county in which said 
society is situated, at a time and place named in such notice, for an 
order as hereinafter set forth. 

Sec. 3725-2. [Order of probate court making general agent of 
society guardian of child.] At the time set forth in said notice, if 
it shall appear to the satisfaction of the probate judge, that it is for 
the best interest of said child that possession and control thereof be 
taken from said parent or other person having control or possession 
thereof, said probate judge shall make an order conferring upon the 
general agent of said society the powers of a guardian as to such 
child ; 

[Guardian to provide home for child.] And, as such guardian, 
said general agent may, with the approval of the probate judge, pro- 
vide a suitable home for such child until said child reaches the age of 
majority or until such time as the probate judge may be satisfied 
that the parent or parents of said child are in a position to properly 
provide and care for said child. 

Sec. 6951. [Cruelty to animals.] Whoever overdrives, over- 
loads, tortures, deprives of necessary sustenance, or unnecessarily or 
cruelly beats, or needlessly mutilates or kills any animal, or impounds 
or confines any animal in any place and fails to supply the same during 
such confinement with a sufficient quantity of good, wholesome food 
and water, or carries in or upon any vehicle, or otherwise, any animal 
in a cruel or inhuman manner, or who keeps cows or other animals 



LAWS RELATING TO AGRICULTURE. 53 

in any inclosure without wholesome exercise and change of air, or 
feeds cows on food that produces impure or unwholesome milk, or 
abandons to die any old, maimed, sick, infirm or diseased animal, or 
works the same, or, being a person or corporation engaged in trans- 
porting live stock, detains such stock in railroad cars, or in compart- 
ments for a longer continuous period than twenty-four hours after the 
same are so placed, either within or beyond this state, without sup- 
plying the same with necessary food, water and attention, or permits 
such stock to be so crowded together as to overlie, crush, wound or 
kill each other, shall be fined not more than two hundred nor less 
than five dollars, or imprisoned not more than sixty days, or both. 

[Dehorning of cattle.] Provided, that nothing herein contained 
shall be construed to prevent the dehorning of cattle. 

[Disposition of fines collected.] And that all fines collected for 
violations of this section shall be paid to the society or association for 
the prevention of cruelty to animals, if any such society or association 
is organized in such county, township, village or city where such viola- 
tion occurred. 

Sec. 6951-1. [Docking tail of horse; penalty.] Whoever, being 
the owner or having the custody, control or possession of any horse, 
mare, gelding, foal or filly, or who shall be an agent or employe of any 
such owner or person, having the custody, control or possession of 
any horse, mare, gelding, foal or filly, shall cut off or cause to be cut 
off or amputated the skin, flesh, muscles, bone and integuments of the 
dock or tail of any such horse, mare, gelding, foal or filly, in order to 
shorten the natural length or proportions of such dock or tail, or shall 
pull out or cause to be pulled out the hairs of the foretop, mane or 
withers of any such horse, mare, gelding, foal or filly, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall be fined, 
for the first offense not less than twenty-five dollars nor more than 
two hundred dollars or be imprisoned in the county.jail or workhouse 
not exceeding six months, or both, at the discretion of the court; and 
for any subsequent offense under this act, such person, on conviction, 
shall be punished by a fine not exceeding the sum of five hundred 
dollars, and by imprisonment in the county jail or workhouse for the 
period of one year. 

[Lawful docking.] Provided, that in case it shall be necessary 
in case of any accident, malformation or disease, which may affect the 
dock or tail of any such horse, mare, 'gelding, foal or filly, to cut or 
amputate the same, such cutting or amputation shall be deemed lawful. 

Sec. 6952. [Dog-fighting, cock-fighting, etc.; who deemed aid- 
ers and abettors.] Whoever engages in or is employed at cock-fight- 
ing, dog-fighting, bear-baiting, pitting one animal against another of 
the same or of a different kind, or any similar cruelty to animals, or 
receives money for the admission of any person to any place kept for 
any such purpose, or uses, trains, or possesses a dog or other animal 
for the purpose of seizing, detaining, or maltreating, any domestic 
animal, shall be fined not more than one hundred and fifty nor less 
than five dollars, or imprisoned not more than thirty nor less than ten 



54 LAWS RELATING TO AGRICULTURE. 

days; and [any] one who knowingly purchases a ticket of admission 
to any place mentioned in this section, or is present thereat, or wit- 
nesses such spectacle, shall be deemed an aider and abettor. 

Sec. 6958. [Depositing poison in thoroughfares.] Whoever 
leaves or deposits any poison, or any substance containing poison, in 
any common, street, alley, lane, or thoroughfare of any kind, or any 
yard or inclosure other than the yard or inclosure occupied by such 
person, shall be fined not more than fifty nor less than five dollars, or 
imprisoned not more than thirty nor less than five days, or both, and 
shall be liable to the person injured for all damages sustained thereby. 

VETERINARIANS. 

Sec. 4412-1. [Examination of veterinarians.] All persons who 
now, or shall hereafter, practice veterinary medicine and surgery in 
the state of Ohio, and have not been engaged in such practice for at 
least three years prior to the passage of this act, (May 21, 1894), in the 
state of Ohio, shall be examined as to their qualifications by a state 
board of veterinary examiners, to be appointed as hereinafter provided. 

Sec. 4412-2. [Certificate.] Any one who successfully passes the 
examination before the state board of veterinary examiners shall re- 
ceive from said board a certificate signed by the members thereof, 
which certificate shall state that the person to whom it is given has 
passed the prescribed examinations and is competent to practice vet- 
erinary medicine and surgery. A copy of such certificate shall be 
recorded by the clerk of said board in a book kept for that purpose 
which shall be open to the public inspection. 

Sec. 4412-3. [Veterinarians employed by state boards.] Per- 
sons who have passed the requisite examinations and received a certi- 
ficate from the state board of veterinary examiners and those who 
have continuously practiced veterinary medicine and surgery for at 
least five years, and no others, shall be qualified and be entitled to be 
employed as veterinaries by the state board of agriculture, state live 
stock commission and state board of health. 

Sec. 4412-4. [State board of examiners.] The state board of 
veterinary examiners shall consist of five members. The secretary of 
the state board of agriculture and the secretary of the state board of 
health shall be ex-officio members of said board. Three members 
thereof shall be appointed by the governor and confirmed by the sen- 
ate for the terms respectively of two, four and six years, and ever^ 
two years thereafter the governor shall appoint a member for the term 
of six years. Vacancies in said board shall be filled by appointment 
for the unexpired term. The members so appointed by the governor 
shall be graduates of reputable but of different veterinary schools or 
colleges, and men of superior learning, personal skill and good moral 
character. 

Sec. 4412-5. [Meetings, etc.] The board shall meet at least 
twice a year — in April and July — in the city of Columbus. At the 
first meeting the board shall organize by electing from its members a 



LAWS RELATING TO AGRICULTURE. 55 

president, secretary and treasurer, who shall hold their offices for two 
years or until their successors have been elected and qualified. The 
secretary shall keep an accurate record of the business transacted and 
of the certificates issued as heretofore provided. He shall collect the 
fees to be paid by the applicants for examination and pay the same 
over to the treasurer and shall perform such other duties as the board 
may prescribe. He shall keep a correct account of all moneys re- 
ceived and disbursed 

Sec. 4412-6. [Compensation of members.] The board each shall 
receive three dollars per day, while in session, and his actual traveling 
expenses, to be paid by the treasurer out of the fees paid by the can- 
didates for examination. 

Sec. 4412-7. [When certificate issued; eligibility of unsuccessful 
candidate.] A certificate shall be issued only when the board is sat- 
isfied that the candidate examined is well qualified and entitled to a 
certificate. The candidate, if unsuccessful, shall not be eligible to 
another examination until the expiration of one year thereafter. 

Sec. 4412-8. [Time and fee for examination.] Candidates shall 
present themselves for examination at the regular meetings of the 
board and shall pay for each examination the sum of five dqllars, 
which shall accompany their application in writing, and be paid to 
the secretary of the board previous to the regular meeting of the 
board. One-half of the five dollars shall be returned if the candidate 
fails in the examination or if a diploma is accepted in lieu of an ex- 
amination. 

Sec. 4412-9. [Acceptance of diploma in lieu of examination.] 

The board may accept a properly issued diploma in lieu of an exam- 
ination ; but such a diploma shall be accepted only if it has been # issued 
by a reputable veterinary school or college, that requires a course of 
study and gives instruction in all the various branches of veterinary 
science. 

Sec. 4412-10. [Penalty; emergency.] Whoever shall engage in 
the practice of veterinary medicine or surgery in violation of this act 
shall, for the first offense, be fined not less than ten dollars, nor more 
than twenty-five dollars, and for the second offense not less than fifty 
dollars nor more than one hundred dollars, or be imprisoned in the 
county jail not more than sixty days, or both. Provided, that nothing 
in this act shall be construed to prohibit any veterinary advice or ser- 
vice in cases of emergency if rendered by a person not entitled to 
practice under this act. Nor shall it apply to animal castration and 
dehorning of cattle. 

AGRICULTURAL EXPERIMENT STATION, 

Sec. 409-1. [Agricultural experiment station.] For the benefit 
of the interest of practical and scientific agriculture, and for the de- 
velopment of the vast agricultural resources of the state, an Ohio 
agricultural experiment station is established as hereinafter provided. 



56. LAWS RELATING TO AGRICULTURE. 

Sec. 409-2. [Appointment of board of control by governor; 
term and qualifications of members; compensation.] The govern- 
ment of said experiment station shall be vested in a- board of control, 
consisting of five members, not more than three of whom shall belong 
to the same political party, who shall be appointed by the governor, 
by and with the advice and consent of the senate, and whose term of 
office shall be for five years, except that those first appointed under 
this act shall hold office for one, two, three, four and five years re- 
spectively, the terms to [be] fixed by the governor in their commis- 
sions. In case a vacancy shall occur in the board an appointment 
shall be made by the governor for the unexpired term. The members 
of the board of control shall be paid their necessary expenses while 
engaged in the discharge of their official duties, but they shall not 
receive compensation for their services. 

Sec. 409-3. [When board to be called together and how 
organized ; annual meeting.] On the passage of this act the governor 
shall appoint the board of control and shall at once call them together, 
when they shall organize by the election of a president, secretary 
and treasurer. The board shall hold an annual meeting in Columbus 
during the week beginning with the first Monday in March, and 
special meetings at other times and places upon a call of the presi- 
dent, or upon a written request of two members of the board. Three 
members of the board shall constitute a quorum for the transaction 
of business. 

Sec. 409-4. [Incorporation of board; powers; appointment of 
director; qualifications; annual report.] The board of control of said 
experiment station is hereby constituted a body corporate, with the 
power of suing and being sued, of contracting and being contracted 
with, and of making and using a common seal and altering the same 
at pleasure ; they shall have J:he power to receive and hold in trust, 
for the use and benefit of said station, any grant or devise of land, 
and any donation or bequest of money or personal property to be 
applied to the general or special use of the station, as may be directed 
by the donor; the board shall appoint a director at their meeting on 
the first Monday in March, 1902, who shall be a person of acknowl- 
edged ability and training in the principles and practice of scientific 
agriculture; they shall adopt by-laws, rules and regulations for the 
government of [the] station; they shall make an annual report of 
their experiments and work to the governor of the state and the same 
shall be published annually in the Ohio agricultural report and five 
thousand copies separate in pamphlet form for free distribution, and 
the pamphlet copies to be [printed] and paid for, the same as other 
public printing; they shall fix the salaries and terms of office of all 
officers and employes of the station ; and they shall have power to 
remove at any time for cause, sustained by written charges, any officer 
or employe of the station. 

Sec. 409-5. [Powers and duties of director.] The director shall 
have control of the affairs of the station in all its departments, and 
shall be responsible to the board of control for the efficient manage- 
ment thereof; with the approval of the board of control he shall ap- 
point such chiefs of department, assistants and other employes as may 



LAWS RELATING TO AGRICULTURE. 57 

be necessary for the proper management of the station, and shall 
assign them to their respective duties. The director shall have author- 
ity to suspend any officer or employe of the station for cause, he at 
once to report the same, with reasons therefor, to the board of control 
for final action. 

Sec. 409-6. [Title of lands; how held.] The title of [all] lands 
for the use of said experiment station shall be made in fee simple to 
the state of Ohio, with covenants of seizing and warranty, and no title 
shall be taken to the state for purposes aforesaid until the attorney 
general shall be satisfied that the same is free from all defects and 
incumbrances. The attorney general shall be the legal adviser of 
said board of control, and shall institute and prosecute all suits in be- 
half of the same. 



STATE FORESTRY BUREAU. 



AN ACT 

To amend an act entitled "An act to establish a state forestry bureau" passed 

April 16, 1885. 

Sec. 1. [Forestry bureau.] That an act entitled "An act to es- 
tablish a state forestry bureau," passed April 16, 1885, be amended 
and enacted as portions of the Revised Statutes, with the sectional 
numbers as follows : 

Sec. qogaa. [Department of forestry established; location.] 
That there be and is hereby established at the Ohio agricultural ex- 
periment station located, at Wooster, Ohio, a department of forestry 
to be under the board of control of said station, which board shall have 
the powers and shall perform the duties hereinafter imposed on it. 

Sec. qogbb. [Duty of board of control.] It shall be the duty of 
said board of control to inquire thoroughly into the character and 
extent of the forests of Ohio ; to investigate the causes of their waste 
and decay ; to conduct investigations in the several sections of 
the state in order to determine the species of valuable trees best 
suited to grow on the various kinds of soil of the state ; to ascertain 
the cost and best methods of propagating, planting, cultivating and 
managing wood lots and plantations on the various kinds of soil ; to 
determine by investigation the average rate of growth of the various 
species of trees and the relative values of the various kinds of timber 
for commercial and domestic purposes; to conduct experiments in 
the treatment of the various kinds of wood for the purpose of in- 
creasing durability; to determine by experiment and investigation 
the kinds of trees and shrubs best suited to the various situations 
for wind-breaks and shelter, for beautifying grounds, and the best 
methods of planting and managing the same ; and to determine the 
needs for the preservation, improvement and development of the for- 
ests of the several sections of the state. 



58 LAWS RELATING TO AGRICULTURE. 

[Board shall co-operate with United States department of agri- 
culture.] Said board of control is hereby empowered to co-operate 
with the United States department of agriculture in the conducting 
of such part of the work hereinabove mentioned as may be agreed 
upon by said board of control and the said United States department 
of agriculture. 

Sec. /[ogee. [Bulletins and publications; biennial report.] Said 
board of control shall issue bulletins and publications from time to 
time containing useful information and recommendations upon sub- 
jects mentioned in the preceding section, and shall make a full and 
complete report to the governor of the work done under the provisions 
of this act prior to the convening of the general assembly in January, 
1908, and prior to the convening of each legislature thereafter, em- 
bodying in such reports such recommendations, and such sugges- 
tions as to what legislation, if any, as may be necessary for the de- 
velpoment of a rational system of forestry adapted to the wants and 
conditions of the several sections of the state. 

Sec. 409JJ. [Expenditures.] The said board of control shall per- 
form the duties herein mentioned without compensation, and the ex- 
penditures by the state towards the co-operative work authorized by 
this act shall not exceed the amount expended by the United States 
department of agriculture in defraying the expense of such co-op- 
erative work. 

Sec. 2. [Repeals.] That an act entitled "An act to establish 
a state forestry bureau," as passed April 16, 1885, be and the same are 
hereby repealed. (O. L., v. 98, p. 54. ) 



FISH AND GAME COMMISSION, 

(405) Sec. 1. [Commissioners of fish and game; appointment, 
term, removals.] That the governor, by and with the advice and con- 
sent of the senate, shall appoint five commissioners of fish and game, of 
whom not more than three shall belong to any one political party, 
one commissioner to serve for one year, one for two years, one for 
three years, one for four years,, and one for five years, and at the expi- 
ration of the term of office of each member of the commission his suc- 
cessor shall be appointed for five years, who shall severally hold their 
office for five years, any one of whom may be removed by the gover- 
nor at his pleasure ; provided that the commissioners of fish and game 
serving as such at the date of the passage of this act shall serve out 
their respective terms unless sooner removed by the governor. 

(406) Sec. 2. [Bond and oath.] Each of the commissioners 
shall, before entering upon the discharge of his duties, give a bond to 
the state, with surety to the satisfaction of the governor, in the sum of 
two thousand dollars, conditioned for the faithful performance of the 
duties of his office, which bond, with the approval of the governor 
and the oath of office indorsed thereon, shall be deposited with the 
secretary of state. 



LAWS RELATING TO AGRICULTURE. 59 

(407) Sec. 3. [No compensation, but all expenses to be paid 
them.] The commissioners shall serve without compensation, but 
they shall be entitled to be paid all their expenses while engaged in 
the discharge of their duties, which expenses shall be paid to them 
on their own certificates, severally. 

(408) Sec. 4. [Powers and duties.] The commissioners of fish 
and game shall be, and are hereby vested with complete control and 
authority in all matters pertaining to the protection, preservation 
and propagation of song and insectivorous birds, game birds, game 
animals and fish within the state and in and upon the waters thereof. 
It shall be the duty of the commissioners to enforce, by proper legal 
action and proceeding, the laws of the state relating to the protection, 
preservation and propagation of song and insectivorous birds, game 
birds, game animals and fish, and to carry into effect all such measures 
in this behalf that they deem necessary so far as means are placed at 
their disposal for these purposes. 

(409) Sec. 5. [Appointment of chief warden, deputy state war- 
dens, and special wardens; term of office, etc.] The commissioners 
shall, at their annual meeting in January, or at such time as they deem 
proper, appoint a chief warden who shall hold his office for two years, 
unless sooner removed by the commissioners. They may also appoint 
such number of deputy state wardens as in their judgment are neces- 
sary. They, may also appoint special wardens, when in their judg- 
ment they deem it necessary, who shall hold their office for such time 
as the commissioners may direct, and who shall possess the same 
powers and perform the same duties as deputy state wardens, and 
they may receive such compensation for their services as the com- 
missioners deem proper. The deputy state Avardens shall hold their 
offices for two years unless sooner removed by the commissioners. 
The chief warden, special wardens and deputy state wardens shall, 
before entering upon the discharge of their duties, each give a bond 
to the state of Ohio (the chief warden in the sum of two thousand 
dollars, the special wardens five hundred dollars, and the deputy state 
wardens in the sum of two hundred dollars), conditioned upon the 
faithful discharge of their respective duties, which bond shall be 
approved by and be deposited with the commissioners. The com- 
missioners may allow the chief warden a salary not to exceed fifteen 
hundred dollars per annum, and, in addition, his expenses (not ex- 
ceeding one thousand dollars) incurred in the discharge of his duties. 
The salary and expenses of the chief warden, and the salaries and 
expenses of the special wardens, shall be paid out of the fund appro- 
priated for the use of the commissioners. In addition to any other 
compensation, each warden shall be entitled to any fees which he 
may earn, which fees shall be the same as are paid sheriffs for sim- 
ilar services in criminal cases. The commissioners may also direct 
that any fines collected under prosecutions begun by any deputy state 
warden shall be paid to such warden by the officer before whom the 
prosecution is had, or by whom the fine is collected; and, in addition 
thereto, may pay them such further compensation, out of any moneys 
appropriated for such purposes, as they may deem proper. 



60 LAWS RELATING TO AGRICULTURE. 

(409a) Sec. 6. [Powers and duties of said wardens.] It shall 
be the duty of the chief warden, special wardens, and deputy state war- 
dens to enforce the provisions of this act, and within this state, all laws 
relating to the protection, preservation and propagation of birds, fish 
and game. The chief warden shall, under the direction of the com- 
missioners, visit all parts of the state and direct and assist the special 
wardens and deputy state wardens in the discharge of their duties. 
Each warden shall have full power to execute and serve all warrants 
and process of law issued for, in connection with, or growing out of 
the enforcement of any law relating to the protection, preservation 
or propagation of birds, fish and game, in the same manner and to a 
like extent, that any sheriff or constable may serve and execute such 
process; they may arrest on sight and without a warrant, any person 
detected by them in the act of violating any such laws; they shall 
have the same right as sheriffs to require aid in executing any pro- 
cess, or in arresting without process any person found by them in 
the act of violating any of said laws; and they shall have authority 
to seize without process, any birds, fish or game then found in the 
possession of any such person, which is' so in possession contrary to 
law, together with the guns, nets, seines, boats, traps, or other devices 
with which the same were taken or killed, or used in taking or killing, 
and forthwith convey such offender before a court or magistrate having 
jurisdiction of the offence, who shall, upon the filing by the warden of 
a proper complaint, proceed speedily to try and determine the truth of 
the charge. Such arrest may be made on Sunday, in which case the 
offender shall be taken before such court or magistrate who may 
require bond for his appearance at the time fixed for the hearing of 
the complaint, which complaint shall be heard as soon as practicable 
on a week day following the arrest. In case the offender fails to 
give bond for his appearance (if any bond be required) the court 
may order him committed to the jail of the county, or to some other 
suitable place until the time set for the hearing of the complaint. 
Such prisoner or prisoners shall be received by the jailor or officer 
in charge of the place designated by the court or magistrate. It 
shall be the duty of all sheriffs, deputy sheriffs, constables and other 
police officers, to enforce all laws relating to the protection and prop- 
agation of birds, fish and game, and in their enforcement they shall 
have the same powers as are conferred upon the warden, and they 
shall be entitled to like fees for similar services. Prosecution by the 
wardens, or other police officers for offenses not committed in their 
presence, shall be executed [instituted] only upon the approval of 
the prosecuting attorney of the county in which the offense is com- 
mitted, or under the direction of the attorney-general ; and for his 
services the prosecuting attorney shall receive twenty per cent, of all 
fines assessed and collected upon prosecutions conducted by him. 

(409&) Sec. 7. [Seizure of instruments used for unlawful catch- 
ing of birds, fish or game.] Any gun, net, seine, boat, trap or other 
device whatever used in the unlawful taking, catching, or killing of 
birds, fish or game, is hereby declared to be a public nuisance and 
shall, upon lawful seizure by any warden or police officer, be deemed 
forfeited to the state ; and it shall be the duty of every warden or other 
police officer, to seize any such property and institute proceedings for 
its forfeiture, as provided in section eight of this act. When any 



LAWS RELATING TO AGRICULTURE. 61 

such gun, net, seine, boat, trap or other device is seized and con- 
demned, as provided in the next succeeding section hereof, the cost 
of such proceeding shall, be adjudged against the owner or the user 
thereof at the time of the seizure, if known, which judgment shall be 
the first lien upon his property, and against which lien no exemption 
can be claimed. When a seizure of any such property has been made 
no writ of replevin shall lie to take it from the custody of the officer 
seizing it, or from the custody or jurisdiction of the court before 
whom such proceeding is pending, but such property shall be held 
by such officer or court to await the final determination of such pro- 
ceeding; and such proceeding shall in no wise affect or bar a criminal 
prosecution of the person so using such property in violation of law. 

(409c) Sec. 8. [Proceedings for condemnation and forfeiture of 
said instruments.] When any gun, net, seine, boat, trap or other de- 
vice is seized as provided in section seven of this act, it shall be the 
duty of the warden or other officer seizing it, v to safely keep such prop- 
erty in his possession, or under his control, and to institute, within 
three days, in the proper court of the county wherein such property is 
seized, proceedings for its condemnation and forfeiture. Such pro- 
ceedings shall be instituted by the filing of an affidavit, describing 
the property seized, setting out the unlawful use to which it was 
found put, giving the time and place of seizure, and setting out, if 
known, the name of the person owning, or using the same, at the 
time of seizure, and if such person be unknown, such fact shall be 
stated. The court before" whom such affidavit is filed shall there- 
upon issue a summons setting out the facts alleged in the affidavit, 
and stating the time and place when the cause will be for hearing, 
a copy of which summons shall be served upon the owner, or person 
using the property at the time of [its] seizure (if he be known) per- 
sonally, or by leaving a copy thereof at his usual place of residence, 
or business, if in the county, at least three days before the hearing 
of the complaint. If such owner or user be unknown, or if he be 
a nonresident of the county, or cannot be found therein, a copy of 
the summons shall be posted up at a suitable place nearest the place 
of seizure, and copy mailed him (if his address be known) at least 
three days before the time set for the heajing of the complaint. The 
officer making such service shall make a return on the day set for 
the hearing, of the time and manner of making such service. The 
court may postpone the hearing upon a proper showing by either 
party, for such reasonable time as may be necessary. Upon the hear- 
ing, proceedings shall be had as provided in section nine of this act. 
If the court or jury shall find, by a preponderance of the evidence, that 
the property at the time of its seizure, was being used in violation of 
law, the court shall adjudge the property forfeited, and shall render 
judgment against the owner or user thereof, for the costs, and shall 
order the property turned over to the commissioners of fish and game, 
to be by them sold at such time and place as they shall deem best, and 
the proceeds thereof covered into the state treasury as provided by 
law. But if the court or jury shall find that the property, at the 
time of its seizure, was not being used in violation of law, the court 
shall order the property released. A writ of error may be pros- 
ecuted by the officer or person filing the complaint, or by the owner 
or user of the property seized, to review the judgment and order of 



62 LAWS RELATING TO AGRICULTURE. 

the court in forfeiting the property, or in ordering its release, to the 
court of common pleas, circuit court, and supreme court, in the same 
manner as writs of error are prosecuted in other civil causes. But 
if the owner or person so unlawfully using the property at the time 
of seizure shall be arrested and shall plead guilty, and shall confess 
that the property seized was, at the time of its seizure, being used 
by him in violation of law, in such case it shall not be necessary to 
institute a proceeding to forfeit the same, but the court before whom 
the offender has pleaded guilty, shall, in imposing sentence, further 
order and adjudge that the property so seized be forfeited to the state. 

(409c?) Sec. 9. [Final jurisdiction.] Any justice of the peace, 
mayor, or police judge, within his county, shall have final jurisdiction 
in all prosecutions for the violation of any of the provisions of this act 
or of any law enacted for the protection, preservation, or the propaga- 
tion of birds, fish, or game, and shall have like jurisdiction in all pro- 
ceedings brought for the condemnation and forfeiture of any property 
used in the violation of any such law. If in any such prosecution, 
or condemnation proceeding, the defendant shall demand a trial by 
jury, the court before whom the prosecution or the proceeding is 
pending shall issue his venire to any warden or constable of the 
county, containing the names of sixteen electors of the township, 
city, or village, for which such court was chosen as such officer, to 
serve as jurors upon the hearing of such prosecution or proceeding, 
which officer shall promptly execute the same and make due return 
thereof to the court. If such venire be exhausted without obtaining 
the required number of jurors to fill the panel, the court may direct 
the warden, or the constable, to summon any of the bystanders, or 
to bring in other , persons, to act as jurors. Provided, that if the 
defendant consent in writing (which shall be entered of record), he 
may be tried by a jury composed of six persons, in which case the 
venire need not contain the names of more than ten electors. Each 
party shall be entitled to two peremptory challenges, and to such 
other challenges of jurors for cause as are permitted in criminal cases 
in the court of common pleas. In criminal prosecutions like pro- 
ceedings shall be had as in criminal cases in the court of common 
pleas ; and in condemnation proceedings, like proceedings shall be 
had as in civil cases in the court of common pleas. In all prosecu- 
tions and condemnation proceedings for the violation of any law 
enacted for the protection, preseration or the propagation of birds, 
fish, or game, no cost shall be required to be advanced, secured, or 
paid by, or bond or undertaking required of, any person whose duty 
it is under the law, to prosecute such cases or proceedings. And if 
the defendant be acquitted, or if convicted and committed in default 
of payment of fine or costs, or if the property seized be released, the 
costs in such cases shall be certified under oath to the county auditor 
who, after correcting the same, if found incorrect, shall issue his 
warrant on the county treasurer in favor of the person or persons 
to whom such costs and fees are due, and for the amount due each 
person respectively. 

(409*?) Sec. 10. [Prima facie evidence of guilt.] The finding of 
any gun, net, seine, boat, trap, or other device set, maintained, or in 
use, in violation of any law relating to the protection, preservation or 



LAWS RELATING TO AGRICULTURE. 63 

propagation of birds, fish or game, shall be prima facie evidence of the 
guilt of the person owning, using or making claim to the same; and 
the finding of any birds, fish, or game, unlawfully in the possession 
of any person, shall be prima facie evidence of the guilt of such per- 
son. Wherever the word ''person" is used in any law relating to 
the protection, preservation or propagation of birds, fish, or game, 
it shall be held to include "company," "partnership," "association," 
"corporation," or any "officer," "agent," or "employe" thereof; and 
wherever the word "warden" is used, it shall be held to include "chief 
warden," "special warden," "deputy state warden," or any other police 
officer charged with the duty of enforcing such laws. Whenever any 
affidavit shall be filed and warrant issued against any corporation for 
the violation of any of the provisions of this act or any law for the 
protection, preservation or propagation of birds, fish or game, a 
summons shall be issued, directed to the sheriff, constable or warden, 
commanding said officer to notify the accused thereof, and returnable 
on or before the tenth day after its date ; such summons, together 
with a copy of the warrant, shall be served and returned in the 
manner provided for the service of summons upon such corporations 
in civil actions; the corporation on or before the return day of the 
summons, may appear by one of its officers or by counsel and answer 
the warrant by motion, demurrer or plea, and upon its failure to 
make such appearance and answer, a plea of "not guilty" shall be 
entered, and upon such appearance being made or plea entered, the 
corporation shall be deemed thenceforth continuously present in court 
until the case is finally disposed of. In every case of conviction, the 
cost of prosecution and of condemnation shall, in addition to the fine 
imposed, or forfeiture declared, be adjudged against the person con- 
victed, or the owner or user of the property condemned. Whenever, 
upon conviction, the person convicted fails to pay the ,fine and costs 
imposed upon him, or execution issued is returned unsatisfied, he 
shall be committed to the jail of the county or to some workhouse 
and shall there be kept confined one day for each one dollar fine and 
costs adjudged against him, and he shall not be discharged or re- 
leased therefrom by any board or officer, except upon payment of 
the portion of the fines and costs remaining unserved, or upon the 
order of the commissioners of fish and game. All fines, penalties, 
and forfeitures arising from prosecutions, convictions, confiscations, 
or otherwise (unless otherwise directed by the commissioners of fish 
and game) shall be paid by the officer before whom the prosecution 
is had or by whom the fine is collected, to the president of the com- 
missioners of fish and game, and by him paid into the state treasury to 
the credit of the fund which is hereby appropriated for the use of the 
commissioners. 

(409/) Sec. 11. [Examination and inspection of packages, box- 
es, receptacle^, etc., search warrants.] Every warden, sheriff, deputy 
sheriff, constable, or other police officer, may inspect any package, 
parcel, box, coat or clothing, or other receptacle, in the possession of 
any person, which the said warden shall have good reason to believe 
contains birds, fish, or game killed, taken, or had in possession in 
violation of law ; and to inspect any room, building, car, boat, or other 
place wherein birds, fish, or game are kept for sale, or which he has 
good reason to believe contains birds, fish or game, killed, taken, or 



64 LAWS RELATING TO AGRICULTURE. 

had in possession in violation of law. If the person in whose cus- 
tody or possession such package, parcel, box, coat or clothing, or 
other receptacle may be, or the owner or person in charge of any such 
room, building, car, boat, or other place refuse to permit such inspec- 
tion, upon demand made by the warden, the warden shall have the 
power after having made, or without making such demand, upon filing 
an affidavit in accordance with the provisions of section 7121 Revised 
Statutes before an officer having jurisdiction of the offense, and re- 
ceiving a search warrant issued thereon, to forcibly open and in- 
spect any such package, parcel, box, coat or clothing, or other recep- 
tacle, or room, building, car, boat or other place, and if he shall find 
therein any birds, fish, or game, unlawfully in the possession of any 
person, he shall forthwith seize the same, and the same shall escheat 
to the state, and arrest the person in whose custody or possession 
the same is found. 

(409^) Sec. 12. [Catching, killing, injuring, or pursuing birds.] 

No person shall at any time, catch, kill, injure, pursue, or have in his 
possession either dead or alive, or purchase or expose for sale, trans- 
port or ship within or without the state any turtle or mourning dove, 
sparrow, nuthatch, warbler, flicker, vireo, wren, American robin, cat- 
bird, tanager, bobolink, blue jay, oriole, grosbeak or redbird, creeper, 
redstart, waxwing, woodpecker, humming bird, killdeer, swallow, 
bluebird, blackbird, meadow lark, bunting, starling, red-wing, purple 
martin, brown thrasher, American goldfinch, chewink or ground robin, 
pewee or phoebe bird, chickadee, flycatcher, gnat catcher, mouse- 
hawk, whip-poor-will, snowbird, titmouse, gull, eagle, or buzzard, or 
any other wild bird other than a. game bird, unless said bird was in 
captivity prior to May 6th, 1902. No part of the plumage, skin, or 
body of any bird protected by this section shall be sold or had in 
possession for sale except as permitted in section 12 [13] of this act. 
No person shall at any time disturb, or destroy the eggs, or nests, or 
young, of any of the birds named in this section. Provided, that 
nothing in this section shall prohibit the killing of the chicken hawk, 
Cooper hawk, blue hawk, sharp skinned hawk, crow, great horned 
owl, or English sparrow, or the destroying of their nests. Provided 
further, that nothing herein contained shall prohibit the owner or 
duly authorized agent only of any premises, from killing blackbirds 
at any time, except Sunday, when they are found to be a nuisance or 
are injuring grain or other property. 

(409/^) Sec. 13. Permits to take birds, nests and eggs for scien- 
tific purposes; how obtained; fee.] The provisions in section 12 of 
this act shall not apply to any person holding a permit giving the right 
to take birds or their nests and eggs for scientific purposes, as herein 
provided. Permits may be granted by the president of the fish and 
game commission to any properly accredited person, permitting the 
holder thereof to collect birds, their nests and eggs for strictly scien- 
tific purposes and not for the purposes of sale. In order to obtain 
such permit the applicant for the same must present to said president 
of the fish and game commission written testimonials from two well- 
known scientific men or teachers of science, certifying to the good 
character and fitness of said applicant to be entrusted with such priv- 
ilege, and pay to said president five dollars to defray the necessary 



LAWS RELATING TO AGRICULTURE. 65 

expense attending the granting of such permit, and must file with 
said president a properly executed bond in the sum of one hundred 
dollars, signed by at least two responsible citizens of the state as 
sureties. The bond shall be forfeited to the state and the permit 
become void upon proof that the holder of such permit has killed 
any bird or taken the nests or eggs of any bird for any other purpose 
than that named in this section, and shall further be subject for 
each offense to the penalties provided in this act. The permits au- 
thorized by this act shall be in force for one year from the date of 
their issue and shall not be transferable. The moneys accruing from 
the granting of these permits shall be paid into the state treasury 
and shall be appropriated for the uses of the fish and game commis- 
sion. 

(4091) Sec. 14. [Manual for Arbor Day exercises to contain 
copy of section 12 of this act; distribution thereof.] It shall be the 
duty of the state commissioner of common schools to issue 
annually a manual for Arbor Day exercises, as soon as possible after 
the governor has set apart a date for said day, as prescribed by the 
act of March 5, 1902, which manual, in addition to matters pertaining 
to forestry and the protection of birds, shall contain a copy of section 
12 of this act. Said state commissioner of common schools and the 
commissioners of fish and game shall, annually transmit copies of said 
manual to the superintendent of city, village, special district and 
township schools and clerks of the boards of education, who shall cause 
the same to be distributed to the teachers of the schools under their 
charge. It shall be the duty of the teachers to cause to be read to 
the pupils of their respective schools, on the day fixed by the gov- 
ernor as Arbor Day, and also on such other days during the 
year as may be convenient and proper, said section 12 of this act, 
and to urge and encourage them to aid in the protection of the song 
and insectivorous birds named in that section. 

(409;) Sec. 15. Catching, killing, injuring, pursuing game 
birds, destroying eggs, nests or young; hunting, shooting, trapping, 
etc.] No person shall, within this state, catch, kill, injure or pursue 
with such intent, any Virginia partridge or quail except from the 
fifteenth day of November to the fifth day of December; or any wood- 
cock or Carolina dove, except from the first day of September to the 
first day of December; or any rail, shore bird, plover, snipe, wild duck, 
wild goose, wild swan, coot, or mud hen except from the first day of 
September to the first day of December, and the first day of March to 
the twentieth day of April. 

No person shall, at any time, catch, kill, injure or pursue any of 
the birds mentioned in this section by the aid or use of any trap, 
net or snare, or disturb or destroy any of the nests or eggs or young 
thereof ; nor catch, kill, injure or pursue any wild duck or other water 
fowl named in this section by the aid or use of any gun except a 
common shoulder gun of not larger than ten gauge, or with the aid 
of or from any sink boat, sink box or sneak boat, or by the aid or 
use of any boat whatsoever except a common row boat propelled 
by oars. 

No person shall catch, kill, injure or pursue, any wild duck or 
other water fowl on Sunday or Monday of any week, nor catch, kill, 

5-F. H. B. 



66 LAWS RELATING TO AGRICULTURE. 

injure or pursue, or shoot at any such water fowl, before sunrise 
or after sunset upon any day upon which day it shall be lawful to 
kill the same. 

No person shall hunt or shoot, or have in the open air for such 
purposes, any of the implements for hunting or shooting on any 
Sunday. 

No person shall kill in any one day more than eighteen Virginia 
partridge or quail, Carolina dove, woodcock, geese, rail, shore bird, 
plover or snipe, nor more than twenty-five duck. No person shall 
shoot at any Virginia partridge or quail or Carolina dove except 
when they are flying. 

The birds named in this section and in section '17 of this act, 
shall be known and be classed as game birds in contradistinction to 
all other birds. 

Nothing contained in this section or in section 17 of this act 
shall be held to prohibit the commissioners of fish and game, or their 
authorized agents or employes, from taking, at any time, the birds 
and eggs named for the purposes of propagation or the importation 
of the birds named in sections 15 and '17 of this act, by the com- 
missioners of fish and game, their authorized agents or employes, 
for the purpose of propagation. 

(409&) Sec. 16. [Catching, killing, injuring, or pursuing rabbits, 
etc., when unlawful.] No person shall within this state, catch, kill, 
injure or pursue with such intent, any rabbit by the aid or use of any 
gun except from the fifteenth day of November to the fifth day of 
December. Provided, however, that nothing in this section shall pro- 
hibit the killing of rabbits at any time, except on Sunday, in any man- 
ner, by the owner, manager or tenant of the premises, or by any bona 
fide employe of such owner, manager or tenant, where they may be 
found injuring grain, berries, fruit, vegetables, trees or shrubbery. 
It shall be unlawful to use any ferret in catching or hunting rabbits 
except by the land owner, lessee or any person they or either of 
them may permit when rabbits are destroying or injuring trees, 
shrubbery, grain, berries or fruit. No person shall, within this state, 
kill, or pursue with such intent, any raccoon, except from the first 
day of September to the first day of March; provided, that nothing 
in this section shall prohibit the killing of raccoons at any time (except 
on Sunday) in any manner, by the owner, manager or tenant of the 
premises, or by any bona fide employe of such owner, manager, or 
tenant, when such animals may be found injuring grain or catching 
domesticated fowls. No person shall catch, kill, injure or pursue 
with such intent any squirrel except from the first day of September 
to the fifteenth day of October, nor kill more than ten squirrel in any 
one day. No person shall buy, sell, expose for sale, offer for sale, or 
have in his possession any squirrel during the time when the killing 
thereof is made unlawful ; nor take, catch, kill, or pursue any squirrel 
for the purpose of sale within this state, or for the purpose of sale or 
shipment beyond the limits of this state, nor buy, sell, expose for sale, 
offer for sale or have in possession any squirrel which has been killed 
within this state for the purpose of sale, or in any manner prohibited. 
No person shall receive for transportation, or transport, or shall 
have in his possession with the intent to transport, or to secure the 
transportation, beyond the limits of this state, any squirrel which has 



LAWS RELATING TO AGRICULTURE. 67 

been killed within this state. And each squirrel so killed, taken, had 
in possession, received for transportation, or transported, contrary to 
the provisions of this section, shall constitute a separate offense. The 
reception by any person within this state of any squirrel for shipment 
to a point without the state, shall be prima facie evidence that they 
were killed within this state for the purpose of conveying the same 
beyond its limits. But the provisions of this section shall not apply 
to a common carrier into whose possession any squirrel shall come 
in the regular course of their business, for transportation, while they 
are in transit through this state from any place without the state, 
where the killing of such animal may be lawful. Provided, that 
nothing herein shall prohibit persons from having in possession, rab- 
bits and squirrels, in enclosures for domestication or propagation, or 
the keeping of rabbits or squirrels as pets. 

(409/) Sec. 17. [Catching, killing, injuring or pursuing prairie 
chicken or pheasant.] No person shall catch, kill, injure, or pursue, 
any ruffed grouse, Mongolian pheasant, English pheasant, ring-neck 
pheasant, or other pheasant, before the tenth day of November, 1908, 
or after that date, except from the tenth day of November, to the 
first day of December, nor at any time catch, kill, injure or pursue 
any of the birds named in this section by the aid or use of any trap, 
net or snare ; nor at any time disturb or destroy the nests, or eggs, 
or young of any bird named herein. 

(409m) Sec. 18. [Unlawful to purchase, sell, expose or possess 
certain birds or game.] No person shall buy, sell, expose for sale, offer 
for sale, or have in his possession, any of the birds, mentioned in sec- 
tions 12, 15 and 17 of this act, during the time when the killing thereof 
is made unlawful ; nor take, catch, kill, or pursue, any such birds for 
the purpose of sale within this state, or for the purpose of sale or 
shipment beyond the limits of this state, nor buy, sell, expose for 
sale, offer for sale or have in possession, any such birds, which 
have been killed within this state for the purpose of sale, or 
in any manner prohibited. No person shall receive for transporta- 
tion, or shall transport or cause to be transported, or shall have in 
his possession with the intent to transport, or to secure the transpor- 
tation, beyond the limits of this state, of any of the birds, men- 
tioned or included in said sections 12, 15 and 17 of this act, which 
have been killed within this state; and each bird or fowl, so killed, 
taken, had in possession, received for transportation, or transported, 
contrary to the provisions of this section, shall constitute a separate 
offense. The reception by any person within this state of any such 
birds, game, or animals, for shipment to a point without the state, 
shall be prima facie evidence that they were killed within this state 
for the purpose of conveying the same beyond its limits. But the 
provisions of this section shall not apply to a common carrier into 
whose possession any of the birds mentioned in said sections 12, 15 
and 17, of this act shall come in the regular course of their business, 
for transportation, while they are in transit through this state from 
any place without the state, where the killing of such birds may be 
lawful. Provided, that nothing herein shall prohibit persons from 
having in possession, in enclosures, for the purpose of domestication 
or propagation, any of the birds mentioned in sections 15 and 17 of 
this act. 



68 LAWS RELATING TO AGRICULTURE. 

(4ogn) Sec. 19. [Catching, killing, injuring or detaining carrier 
pigeon.] It shall be unlawful for any person not the owner, to in any 
manner, catch, kill, injure, or detain, any Antwerp or homing pigeon, 
commonly called "carrier" pigeon, which, at the time of its capture or 
detention shall have stamped upon its wing or tail the name of its 
owner, or which shall have upon its legs a band bearing the name or 
initial of its owner, or its number, or any other mark upon it des- 
ignating it as a "carrier" pigeon. 

(4090) Sec. 20. [Hunting or trapping on lands, etc., of another 
without permission.] It shall be unlawful for any person to hunt, or 
trap upon the lands, ponds, lakes, or private waters of another (except 
waters claimed by the riparian rights of ownership of adjacent lands), 
or to thereon shoot, shoot at, catch, kill, injure, or pursue, any bird, 
wild fowl, or wild animal of any kind, without first obtaining the 
written permission from the owner, or his authorized agent. In all 
prosecution under this section, the complainant shall not be required 
to prove a legal title to the lands or waters upon which the defendant 
has so unlawfully hunted or trespassed, but it shall be sufficient if 
he prove that he is in the lawful possession or control thereof. Who- 
ever violates any provision of this section shall be fined not less than 
ten dollars nor more than fifteen dollars for a first offense, and not 
less than fifteen nor more than fifty dollars for any subsequent offense, 
and in default of payment of fine and costs, shall be imprisoned as 
provided in section 10 of this act. 

(409^) Sec. 21. [Transportation of birds, fish or game.] It 

shall be unlawful for any person within this state to deliver or to re- 
ceive for transportation, any package, box, or other receptacle contain- 
ing birds, fish, or game, unless the same shall be labeled on the address 
side in plain letters,with the name and address of the owner or consign- 
or, and with the number and kind or kinds of birds, fish or game, which 
the said package, box, or other receptacle contains, or to falsely 
label the same, or to deliver, or to receive for transportation, or to 
transport, any birds, fish, or game, which have been killed, taken, 
or are had in possession, in violation of law. 

(409g) Sec. 22. [Nonresidents of state required to secure hunt- 
er's license.] Any person who is a nonresident of the state of Ohio, 
and who desires to hunt in said state, shall make application for a 
hunter's license to the clerk of the courts of the county in which he de- 
sires to hunt; and for such license he shall pay a fee of fifteen dollars; 
and in addition thereto, the clerk of courts may charge the applicant a 
fee of twenty-five cents. Every such license shall expire on the first 
day of December next after its issue, and shall entitle the person to 
whom it is issued to hunt within this state, at such times, and in such 
manner, as may be lawful, until the expiration of his license. The 
forms of license herein required shall be prepared by the commission- 
ers of fish and game, and shall be in such forms as they may order, 
which license shall be issued by the clerk of the courts. The commis- 
sioners of fish and game shall furnish all licenses and other blanks re- 
quired under the provisions of this section ; which forms shall be ap- 
proved by the attorney-general of Ohio. The commissioner of fish 
and game may revoke license of a nonresident upon satisfactory proof 



LAWS RELATING TO AGRICULTURE. 69 

that such person has hunted in violation of law; and no license shall 
be granted to a person whose license has been revoked for a period of 
one year thereafter. The clerk of courts shall keep a record of each 
license issued, and shall make a report to the commissioners of fish 
and game during the month of December, in such form as they shall 
require of the number of licenses issued, and shall transmit, with such 
report, to the president of the commissioners of fish and game, the 
moneys received during the hunting season, which moneys shall be 
paid into the state treasury to the credit of a fund, which is hereby ap- 
propriated for the use of the commissioners of fish and game. Every 
such nonresident person shall, when hunting, carry with him his li- 
cense, and shall, upon demand, exhibit it to any warden or police 
officer, and a refusal to so exhibit his license shall constitute an offense 
under this section. The record of licenses kept by the clerk of courts 
shall be open at all reasonable hours to the inspection of any person. 
Each day that any nonresident person shall hunt,within this state,with- 
out first having procured the license herein required, shall constitute a 
separate offense. The license granted hereunder shall entitle a non- 
resident to take with him from the state game and birds killed by 
him not [to] exceed fifty of all kinds. No person shall take or catch 
in any of the rivers, lakes, or ponds, or in any of the reservoirs of 
the state, any fish with what are known as trot lines, bob lines, set 
lines or float lines or by spearing, except in that part of streams bor- 
dering on or running through his own land. 

(409^) Sec. 23. [Unlawful catching and killing of fish.] No 

person shall draw, set, place, locate or maintain, any pound net, tram- 
mel net, fyke net, set net, seine, fish trap, or any other net or device 
for catching fish in anv of the waters, either natural or artificial, with- 
in this state, nor catch, or kill fish with any device whatever, in any 
such waters, except with hook and line, with bait or lure. 

- No person shall take or catch in any of the rivers, lakes, or ponds, 
or in any of the reservoirs of the state, any fish with what are known 
as trot lines, bob lines, set lines or float lines, or by spearing, except 
in that part of streams bordering on or running through his own 
lands. No person shall in any of the waters of the state, natural or 
artificial (including Buckeye lake, Indian lake, Grand or Loramie res- 
ervoirs), take or catch in any manner anv black bass between May 
first, and June first ; provided, however, that in the bays connected 
with the waters of Lake Erie the closed season for fishing with 
hook and line, bait or lure for black bass, shall be between May 25th, 
and July 15th. No person shall in any of the waters of the state 
(including Buckeye lake, and Indian lake, Grand or Loramie res- 
ervoirs), while such waters are frozen over, covered with or partly 
covered with ice, catch any fish, in any manner, through any hole, 
cut in the ice, or through any fissure, crack, or break therein. No 
person shall buy, sell, offer or expose for sale, barter or give away, 
or have in his possession for the purpose of sale, any black bass that 
has been caught in any of the rivers, creeks, or reservoirs, of the 
state, or in Buckeye lake or Indian lake, or in the waters of any 
other state or country, nor buy, sell, offer for sale, or have in his 
possession, any fish, caught in any such waters out of season or in 
a manner prohibited ; nor catch, take, or have in possession, any 
bass less than ten inches in length (measurements to be made from 



70 LAWS RELATING TO AGRICULTURE. 

end of nose to end of tail). Each bass so bought, sold, offered, or 
exposed for sale, bartered or given away, shall constitute a separate 
offense. No person shall catch, kill, offer for sale, sell, buy, or have 
in his possession, any brook trout, speckled trout, Von Behr or brown 
trout, landlocked salmon, or California salmon, except from the fif- 
•teenth day of April to the fifteenth day of September. No person shall 
catch, or pursue, any turtle by the aid or use of any seine, or net, 
except a single seine or net, the meshes of which are not less than 
four inches by four inches in dimensions. Provided, that nothing 
in this section shall prevent the taking of minnows for bait with a 
minnow seine not exceeding four feet, in depth and ten feet in length ; 
nor prevent the commissioners of fish and game, or their authorized 
officers or agents, from taking fish at any time or place, or in any 
manner, for. the purpose of stocking ponds, lakes, or rivers, or for the 
maintenance or propagation of fish in hatcheries, or for the exter- 
mination of carp in any waters; nor shall anything herein prevent 
the taking of fish in any manner in the ponds or lagoons formed 
by the receding waters of running streams when such ponds or 
lagoons no longer have any connection with the channels of such 
streams. And nothing in this section shall apply to the waters of Lake 
Erie, or shall apply to private artificial fish ponds or privately owned 
lakes. Whoever violates any provisions of this section, or any pro- 
vision of sections 12, 13, 15, 16, 17, 18, 19, 21, and 22 of this act shall 
be fined not less than twenty-five dollars nor more than two hundred 
dollars, and costs of prosecution, and in default of payment of fine 
and costs, shall be imprisoned as provided in section 10 of this act. 

(409.?) Sec. 24. [Trespassing upon lands bordering on fish 
ponds, etc., for purposes of catching fish.] Whoever shall trespass up- 
on the lands, or rights in lands, located within this state, belonging to 
any person, and lying in or bordering upon any natural or artificial 
pond or brook less than ten miles in length, into which have been 
introduced brook trout, speckled trout, brown trout, landlocked sal- 
mon, California salmon, or any other fish, by the means known as arti- 
ficial propagation, or by actual importation from other waters, for the 
purpose of fishing for, or catching, or killing fish, or shall in the 
waters of such pond or brook catch or kill fish ; or whoever shall 
buy, receive, or have in his possession any fish caught contrary to 
the provisions of this section ; or whoever shall wilfully place any 
poison or other substance injurious to the health of fish, in any 
pond or brook, described in this section, for the purpose of capturing 
or harming any fish therein ; or whoever shall wrongfully and wil- 
fully let the water out of any such pond or brook, with intent to take or 
injure any fish therein, shall, in each such case, be deemed guilty of 
a misdemeanor and shall, upon conviction, be fined not less than 
ten dollars nor more than one hundred dollars for a first offense, 
and for a subsequent offense, shall be fined not less than twenty- 
five dollars nor more than two hundred dollars, or be imprisoned not 
less than thirty days nor more than six months, or both. Prosecu- 
tions for a violation of any provision of this section shall be instituted 
only upon the complaint of the person or persons, or their agents, upon 
whose lands, or rights in lands, or waters, the trespass has been 
committed. (O. L., v. 97, p. 463.) 



LAWS RELATING TO AGRICULTURE. 71 

AN ACT 

To prohibit the destruction of fish by means of explosives and poisonous sub- 
stances. 

Sec. i. [Act to prohibit destruction of fish by means of explosives 
and poisonous substances; penalty.] No person shall take, catch or 
kill fish in any waters over which the state of Ohio has jurisdiction 
by means of quicklime, electricity, or any kind of explosive or poison- 
ous substance, nor place or use quick lime, electricity, explosive or pois- 
onous substances in any such waters except for engineering purposes 
and upon the written permission of the preesident of the fish and game 
commission. Any person violating any of the provisions of this act 
shall, on conviction, be fined not less than fifty dollars nor more than 
two hundred and fifty dollars, or be imprisoned not less than thirty 
days or more than six months, or both. (O. L., v. 98, p. 250.) 



AN ACT 
To provide for the protection, preservation and propagation of fish. 

Sec. 1. [Possession of fish net, fish trap, trot line, etc., is prima 
facie evidence of possession for unlawful use ; penalty ; exceptions.] The 

having in possession within this state of any fish net, fish trap, trot line, 
bobline,floatline,setline,throworhandline with more than three hooks 
attached thereto, fish spear or any other device for catching or killing 
fish, other than a hook and line with bait or lure, shall be prima facie 
evidence of having the same in possession for unlawful purposes, and 
the person having the same in possession shall on conviction be fined 
not less than twenty-five dollars, nor more than two hundred dollars, 
or be imprisoned not less than thirty days nor more than six months, 
or both. Provided, that this act shall not apply to nets, traps, or de- 
vices for catching fish, in the possession of owners of private artificial 
fish ponds, for use in such ponds ; nor to minnow seines not exceeding 
four feet in depth by ten feet in length, to be used in catching min- 
nows for bait, in waters other than Lake Erie ; nor to minnow seines 
not exceeding thirty feet in length to be used in catching minnows for 
bait in Lake Erie ; nor to fish nets, fish traps or other devices for catch- 
ing fish, not otherwise prohibited, to be used in catching fish in the 
Ohio river, Lake Erie, or in those bays of Lake Erie, wherein fishing 
with such devices is permitted, when such fish nets, fish traps, or other 
devices are kept within one mile of the shores of the Ohio river, Lake 
Erie, Sandusky bay as far up as the east end of Eagle island,' Maumee 
bay or the Maumee river, as far up as Cherry street bridge in the city 
of Toledo ; nor to nets, traps or other devices in the possession of bona 
fide manufacturers or dealers, when such nets, traps, or other devices 
are kept in the regular places of business of such manufacturers or 
dealers or are in course of transportation, nor to nets, traps, or other 
devices in the possession of common carriers for transportation. (O. 
L., v. 98, p. 197.) 



72 LAWS RELATING TO AGRICULTURE. 

DAIRY AND FOOD COMMISSIONER, 

(409-7) Sec. 1. [Ohio dairy and food commissioner; salary and 
expenses.] That there is hereby created the office of dairy and food 
commissioner of the state of Ohio. Said commissioner shall be elected 
at the general election held on the first Tuesday after the first Monday 
in November, A. D., one thousand eight hundred and ninety-six. He 
shall take his office on the first Tuesday following the fifteenth day of 
February next after his election, and shall serve for two years, and 
until his successor is elected and qualified. He shall be charged with 
the enforcement of all laws against fraud and adulteration or impurities 
in foods, drinks or drugs, and unlawful labeling in the state of Ohio. 
His salary shall be four thousand dollars (O. L., v. 98, p. 365) per year, 
and his necessary and reasonable expense incurred in the discharge of 
his official duties, to be paid in monthly installments at the end of each 
calendar month. 

(409-8) Sec. 2. [General duties of himself and his assistants.] 

It shall be the duty of said commissioner or assistant commissioner, to 
inspect any articles of butter, cheese, lard, syrup, or other article of 
food or drinks, made or offered for sale in the state of Ohio, as an 
article of food or drink, and to prosecute or cause to be prosecuted, 
any person or .persons, firm or firms, corporation or corporations, en- 
gaged in the manufacture or sale of any adulterated article or articles 
of food or drink, or adulterated in violation of, or contrary to any laws 
of the state of Ohio. 

(409-9) Sec. 3. [Powers, prosecutions.] The said commission- 
er, or any assistant commissioner, or any inspector, of the dairy and 
food department shall have power in the performance of their duty, to 
enter into any creamery, factory, store, salesroom, drug store or lab- 
oratory, or place where they have reason to believe food or drink or 
linseed oil are made, prepared, sold or offered for sale, and to exam- 
ine their books, and to open any cask, tub, jar, bottle or package, con- 
taining or supposed to contain any article of food or drink and exam- 
ine or cause to be examined and analyzed the contents thereof, and it 
shall be the duty of any prosecuting attorney in any county of the 
state, when called upon by said commissioner or assistant commis- 
sioner, or any inspector, to render him any legal assistance in his 
power, to execute the laws, and to assist in the prosecution of cases 
arising under provisions of this act. (O. L., v. 97, p. 30.) 

(409-10) Sec. 4. [Assistant commissioners; experts, inspectors, 
etc.; compensation, bond, etc.] Said commissioner may appoint not 
to exceed two assistant commissioners, each of whose salaries shall be 
one thousand dollars per year, and necessary traveling expenses in- 
curred in the discharge of their official duties, to be paid in like man- 
ner with the commissioner's and on itemized vouchers approved by 
said commissioner; the said commissioner shall have power to employ 
such experts, chemists, agents inspectors and counsel as may by him 
be deemed necessary for the proper enforcement of the laws, their com- 
pensation to be fixed by the commissioner. And each assistant com- 
missioner and inspector now serving or hereafter appointed shall, be- 
fore entering upon or continuing in the discharge of his duties, give 



LAWS RELATING TO AGRICULTURE. 73 

bond payable to the state in the sum of $1,000.00 with sureties to the 
approval of the dairy and food commissioner conditioned for the faith- 
ful performance of his duties, which bond, when so approved, shall 
be filed with the secretary of state and be open to inspection at all 
proper times. 

[Expenses; vacancies; disposition of fees.] All charges, accounts 
and expenses authorized by this act shall be paid out of the state 
treasury upon vouchers certified by the commissioner, and upon war- 
rant by the state auditor. The entire expense of said commissioner 
shall not exceed in one year the amount specifically appropriated for 
such purposes. All vacancies in the office of dairy and food commis- 
sioner shall be filled by appointment of the governor until the next 
general election, then the same shall be filled as in the original elec- 
tion. All fines, fees and costs assessed and collected under prose- 
cutions begun, or caused to be begun, by the commissioner, and all 
fines, fees and costs heretofore assessed and collected under prosecu- 
tion begun or caused to be begun by the commissioner, shall be paid 
by the court to the commissioner, and by, him paid into the state 
treasury and be credited to the general revenue fund of the state. 

[Office, where located.] The two most easterly rooms on the 
north side of the east end of the south corridor of the state house, now 
occupied by the dairy and food cmmissioner, are set apart for his use, 
wherein shall be kept his books, records, or other property of his office. 

[Seal, etc.; report.] He shall keep a seal with which to attest 
official acts and documents, and shall be entitled to stationery and 
supplies from the secretary of state as are other state officers. The 
commissioner shall make an annual report to the governor as soon 
as possible after the 15th day of November of each year, containing 
itemized statements of all receipts and disbursements, attorney fees 
in each specified suit brought in this department, and all persons em- 
ployed by him, together with such statistics and other matter as he 
may regard of value; said reports to be published as are the other re- 
ports of the other state officers. 

[Bulletins.] He shall issue bulletins at such times as he may 
deem best, giving such information as he may have of the condition 
of the various products which it is his duty to cause to be inspected 
and the results of analyses by him caused to be made and such other 
information as may be serviceable to the public, which said bulletins 
shall be immediately published by the state and distributed by the 
commissioner. (O. L., v. 97, p. 31.) 

Sec. 409-13. [Dairy and food commissioner to give bond.] The 

Ohio dairy and food commissioner before entering upon the discharge 
of his official duties, shall give bond in the sum of five thousand dollars 
to the state, with two or more sureties to the acceptance of the 
governor, conditioned that he will truly account for and apply all 
moneys or other property which may come into his hands in his 
official capacity, and for the faithful performance of the duties of his 
office as the same are prescribed by law; which bond with his oath 
of office indorsed thereon, shall be filed with the secretary of state. 






74 - LAWS RELATING TO AGRICULTURE. 

Sec. i. [Clerk.] That the dairy and food commissioner of 
Ohio be, and is hereby authorized to employ a clerk for his office 
whose compensation shall not exceed $1,200.00 per annum.,, (O. L., v. 
97, P. 31.) 

ADULTERATIONS. 

AN ACT 

To amend sections 2 and 3 of an act entitled "An act to provide against the 
adulteration of food and drugs," passed March 20, 1884, and section 3 of 
said act, as amended April 22, 1890, and April 20, 1904. 

Sec. 1. [Adulteration.] That sections 2 and 3 of an act entitled 
"An act to provide against the adulteration of food and drugs," passed 
March 20, 1884, and section 3 of an [said] act, as amended April 22, 
1890, and April 20, 1904, be so amended as to read as follows: 

(4200-5) Sec. 2. [Terms "drug" and "food" defined.] The 

term "drug," as used in this act, shall include all medicines for in- 
ternal or external use or for inhalation, antiseptic, disinfectants and 
cosmetics. The term "food," as used herein, shall include all articles 
used for food, drink, flavoring extract, confectionery, or condiment by 
man, whether simple, mixed or compound. The term "flavoring ex- 
tract," as used herein, shall include any article used as a flavor for 
foods or drinks, whether used or sold under the name of extract, flavor, 
essence, tincture, or any other name. 

(4200-6) Sec. 3. An article shall be deemed to be adulterated 
within the meaning of this act. 

(a) [When drugs deemed adulterated.] In the case of drugs : 
(1) If, when sold under or by a name recognized in the eighth decen- 
nial revision of the United States pharmacopoeia, it differs from the 
standard of strength, quality or purity laid down therein ; (2) if, when 
sold under or by a name not recognized in the eighth decennial revision 
of the United States pharmacopoeia but which is found in some other 
pharmacopoeia, or other standard work on materia medica, it differs 
materially from the standard of strength, quality and purity laid down 
in such work; (3) if its strength, quality or purity falls below the pro- 
fessed standard under which it is sold. 

(b) [When food deemed adulterated.] In the case of food, 
drink, flavoring extract, confectionery or condiment: (1). If any sub- 
stance or substances have been mixed with it, so as to lower or 
depreciate, or injuriously affect its quality, strength or purity; (2) if 
any inferior or cheaper substance or substances have been substituted 
wholly or in part for it ; (3) if any valuable or necessary constituent 
or ingredient has been wholly or in part abstracted from it ; (4) if 
it is an imitation of, or is sold under the name of another article; (5) 
if it consists wholly, or in part, of a diseased, decomposed, putrid, 
infected, tainted or rotten animal or vegetable substance or article, 
whether manufactured or not — or, in the case of milk, if it is the pro- 
duce of a diseased animal; (6) if it is colored, coated, polished or 



LAWS RELATING TO AGRICULTURE. 75 

powdered, whereby damage or inferiority is concealed, or if by any 
means it is made to appear better or of greater value than it really 
is; (7) if it contains any added substance or ingredient which is 
poisonous or injurious to health; (8) if it is sold under a coined name 
and does not contain some ingredient suggested by such name or con- 
tains only an inconsiderable quantity; (9) if, when sold under or 
by a name recognized in the eighth decennial revision of the United 
States pharmacopoeia, it differs from the standard of strength, qual- 
ity or purity laid down therein ; (10) if, when sold under or by a name 
not recognized in the eighth decennial revision of the United States 
pharmacopoeia but is found in some other pharmacopoeia or other 
standard work on materia medica, it differs materially from the stan- 
dard of strength, quality or purity laid down in such work; (11) if 
the strength, quality or purity falls below the professed standard under 
which it is sold; (12) in case any flavoring extract for which no stan- 
dard exists, the same is not labeled ''artificial" and the formula printed 
in the same manner hereinafter provided for the labeling of "com- 
pounds" or "mixtures" and their formulae; (13) if the package con- 
taining it or any label thereon shall bear any statement regarding it 
or its composition which shall be false or misleading in any particular ; 
provided, that the provisions of this act shall not apply to mixtures or 
compounds recognized as ordinary articles or ingredients of articles 
of food, or drink, if each and every package sold or offered for sale 
be distinctly labeled in words' of the English language, as mixtures 
or compounds, with the name and per cent, of each ingredient therein. 
The word "compound" or "mixture" shall be printed in letters and 
figures not smaller in either height or width than one-half the largest 
letter upon any label on the package and the formula shall be printed 
in letters and figures not smaller in either height or width than one- 
fourth the largest letter upon any label on the package, and said com- 
pound or mixture must not contain any ingredient injurious to health. 

Sec. 2. That all former enactments of said sections 2 and 3 are 
hereby repealed. (O. L., v. 98, p. 263.) 

Sec. 4200-9. [Regulating sale of milk; penalty.] Whoever, by 
himself or by his servant, or agent, or as the servant or agent of any 
other person, sells, exchanges, or delivers, or has in his custody or 
possession with intent to sell or exchange, or expose or offers for sale 
or exchange, adulterated milk, or milk to which water or any foreign 
substance has been added, or milk from diseased or sick cows, shall, 
for a first offense, be punished by a fine of not less than fifty nor 
more than two hundred dollars ; for a second offense, by a fine of not 
less than one hundred dollars nor more than three hundred dollars, 
or by imprisonment in the workhouse for not less than thirty nor 
more than sixty days; and for a subsequent offense, by fine of fifty 
dollars, and by imprisonment in the workhouse of not less than sixty 
nor more than ninety days. 

Sec. 4200-10. [Pure milk; penalty.] Whoever, by himself or 
by his servant, or agent, or as the servant or agent of any other per- 
son, sells, exchanges or delivers, or has in his custody or possession, 
with intent to sell or exchange, or exposes or offers for sale as pure 
milk, any milk from which the cream or part thereof has been 



76 LAWS RELATING TO AGRICULTURE. 

removed, shall be punished by the penalties provided in the preceding 
section. 

Sec. 4200-11. [Skimmed milk; penalty.] No dealer in milk, and 
no servant or agent of such a dealer, shall sell, exchange, or deliver, 
or have in his custody or possession, with intent to sell, exchange 
or deliver, milk from which the cream or part thereof has been re- 
moved, unless in a conspicuous place, above the center, upon the out- 
side of every vessel, can or package, from which or in which such 
milk is sold, the words "skimmed milk" are distinctly marked in 
uncondensed gothic letters not less than one inch in length. Whoever 
violates the provisions of this section shall be punished by the pen- 
alties provided in section one (4200-9). 

Sec. 4200-12. [Adulterated milk defined.] In all prosecutions 
under this chapter, if the milk is shown upon analysis to contain 
more than eighty-eight per cent, of watery fluid, or to contain less 
than 12 per cent, of solids or to contain less than three per cent, of 
fats, it shall be deemed for the purpose of this chapter to be adul- 
terated. (O. L., v. 97, p. 119.) 

(4200-12(3) Sec. 1. [Standard milk measures or pipettes to be 
used in testing milk.] In the use of the Babcock test, the standard 
milk measures or pipettes, shall have a capacity of 17.6 cubic centi- 
meters; and the standard test tubes or bottles for milk, shall have a 
capacity of 2 cubic centimeters for each 10 per cent, marked on the 
necks thereof; the standard unit of cream for testing shall be 18 
grams, and it is hereby made a misdemeanor to use any other stan- 
dards of milk or cream measure where milk or cream is purchased by 
or furnished to creameries or cheese factories and where the value of 
said milk or cream is determined by the per cent, of butter fat con- 
tained in the same by the Babcock test. 

(4200-12&) Sec. 2. [Penalty for selling or offering incorrectly 
marked measures.] Any manufacturer, merchant, dealer, or agent in 
this state who shall offer for sale or sell a milk pipette or measure, 
test tube or bottle, which is not correctly marked or graduated, as 
herein provided, shall be guilty of a misdemeanor, and upon convic- 
tion thereof, shall be punished as provided in section four of this act. 

(4200-1 2c) Sec. 3. [Unlawful to manipulate, under-read or 
over-read the Babcock test.] It shall be unlawful for the owner, 
manager, agent, or any employee of a cheese factory, creamery or 
condensed milk factory or other place where milk is tested for quality 
or value to manipulate or under-read or over-read the Babcock test 
or any other contrivance used for determining the quality or value 
of milk or cream or to make any false determination by said Babcock 
test or otherwise. 

(4200-12^) Sec. 4. [Penalty.] Whoever shall violate any of 
the provisions of this act shall be guilty of a misdemeanor and upon 
conviction thereof, shall be punished by a fine of not less than twenty- 
five dollars nor more than one hundred dollars. (O. L., v. 97, p. 285.) 



LAWS" RELATING TO AGRICULTURE. 77 

Sec. 4200-13. [Butter and cheese; imitations.] No person, 
by himself or his agent, or his employe, shall render or manufacture 
for sale out of any animal or vegetable oils, not produced from un- 
adulterated milk or cream from the same, any article in imitation or 
semblance of natural butter or cheese produced from pure unadul- 
terated milk or cream from the same, nor compound with, or add to 
milk, cream or butter any acids or other deleterious substance, or 
animal fats or animal or vegetable oils not produced from milk or 
cream, so as to produce any article or substance, or any human food, 
in imitation or semblance of natural butter or cheese, nor shall sell, 
keep for sale or offer for sale any article, substance or compound made, 
manufactured or produced in violation of the provisions of this sec- 
tion, whether such article, substance or compound shall be made or 
produced in this state or elsewhere. 

Sec. 4200-14. ["Natural butter and cheese," etc., defined; oleo- 
margarine.] For the purpose of this act the terms "natural butter 
and cheese," "natural butter or cheese produced from pure unadul- 
terated milk or cream from the same, butter and cheese made from 
unadulterated milk or cream, butter or cheese, the product of the 
dairy," and butter or cheese shall be understood to mean the products 
usually known by the terms butter and cheese, and which butter 
is manufactured exclusively from pure milk or cream or both, with 
salt and with or without any harmless coloring matter, and which 
cheese is manufactured exclusively from pure milk or cream or both, 
with salt and rennet and with or without any harmless coloring mat- 
ter or sage. It is further provided that nothing in this act shall be 
construed to prohibit the manufacture or sale of oleomargarine, in a 
separate and distinct form, and in such manner as will advise the 
consumer of its real character, free from any coloring matter or other 
ingredient causing it to look like or to appear to be butter, as above 
defined. 

Sec. 4200-15. [Penalty.] Whoever violates the provisions of 
this act shall be guilty of a misdemeanor, and be punished by a fine 
of not less than one hundred dollars, nor more than five hundred, or 
not less than six months' nor more than one year's imprisonment, 
for the first offense, and by imprisonment for one year for each sub- 
sequent offense. 

Sec. 4200-16, [Oleomargarine; restrictions.] No person shall 
manufacture, offer or expose for sale, sell or deliver or have in his 
possession with intent to sell or deliver, any oleomargarine which 
contains any methly [methyl] orange butter yellow, annatto, analine 
dye, or any other coloring matter. 

Sec. 4200-17. [Placards to be displayed by dealers.] Every 
person who shall offer or expose for sale, sell or deliver or have in 
his possession with intent to sell or deliver, any oleomargarine, shall 
keep a white placard not less in size than ten by fourteen inches, in 
a conspicuous place where the same may be easily seen and read, in 
the store, room, stand, booth, vehicle or place where such substance 
is offered or exposed for sale, on which placard sh?ll be printed in 
black letters, not less in size than one and one-half inches square, 



78 LAWS RELATING TO AGRICULTURE. 

the words "oleomargarine sold here;" and said placard shall not 
contain any other words than the ones described; and no person 
shall sell or deliver any oleomargarine unless it be done under its 
true name and each package has on the upper side thereof a label on 
which is printed in letters not less than five-eighths of an inch square, 
the word "oleomargarine/' and in letters not less than one-eighth of 
an inch square, the name and per cent, of each ingredient therein. 

Sec. 4200-18. [Placards to be displayed by hotel proprietors 
and others.] Every proprietor, keeper, manager or person in charge 
of any hotel, boat, railroad car, boarding-house, restaurant, eating- 
house, lunch-counter or lunch-room, who therein sells, uses, serves, 
furnishes or disposes of or uses in cooking, any oleomargarine, shall 
display and keep a white placard in a conspicuous place, whree the 
same may be easily seen and read, in the dining-room, eating-room, 
restaurant, lunch-room or place where such substance is furnished, 
served, sold or disposed of, which placard shall be in size not less 
than ten by fourteen inches, upon which shall be printed in black 
letters, not less in size than one and a half inches square, the words 
"oleomargarine sold and used here," and said card shall not contain 
any other words than the ones above described, and such proprietor, 
keeper, manager or person in charge shall not sell, serve or dispose 
of such substance as for butter when butter is asked for or purported 
to be furnished or served. 

Sec. 4200-19. [Oleomargarine defined.] The word "oleomar- 
garine" as used in this act shall be construed to mean any substance, 
not pure butter of not less than eighty per cent, of butter-fats, which 
substance is made as substitute for, in imitation of, or to be used as 
butter. 

Sec. 4200-20. [Penalty.] Any manufacturer who violates any 
of the provisions of this act shall, upon conviction thereof, be fined 
in any sum not less than one hundred dollars nor more than five hun- 
dred dollars; and for each subsequent offense, in addition to the 
above fine, may be imprisoned in the county jail not more than ninety 
days. Any other person violating any of the provisions of this act 
shall, upon conviction thereof, be fined not less than fifty dollars nor 
more than one hundred dollars. 

Sec. 4200-21. [Branding of "filled cheese" and "skimmed 
cheese."] Whoever, by himself or his agents, sells, exposes for sale, 
or has in his possession with intent to sell, any article, substance, or 
compound made in imitation or semblance of cheese, or as a sub- 
stitute for cheese, and not made exclusively and wholly of milk or 
cream with salt, rennet, and with or without harmless coloring mat- 
ter or containing any fats, oils or grease not produced from milk 
or cream, shall have the words "filled cheese," and all cheese made 
exclusively and wholly from milk or cream with salt, rennet and 
with or without harmless coloring matter, and containing less than 
thirty per cent, of pure butter fat, shall have the words "skimmed 
cheese," stamped, labeled, or marked, in printed letters of plain un- 
condensed gothic type, not less than one inch in length, so that the 
words cannot easily be defaced, and upon the side of every cheese, 



LAWS RELATING TO AGRICULTURE. 79 

cheese cloth or band around the same, and upon the top and side of 
every tub, firkin, box or package containing any of said article, sub- 
stance, or compound. And in case of retail sales of any of said 
article, substance or compound, not in the original package, the seller 
shall, by himself or his agents, attach to each package so sold, and 
shall deliver therewith to the purchaser, a label or wrapper bearing 
in a conspicuous place upon the outside of the package the words 
"filled cheese" or "skimmed cheese," as the case may be, in printed 
letters of plain, uncondensed gothic type, not less than one inch in 
length. (O. L., v. 97, p. 253.) 

Sec. 4200-22. [Penalty for violating preceding section.] Who- 
ever, by himself or his agents, sells, exposes for sale, or has in his 
possession with intent to sell, any article, substance, or compound 
made in imitation or semblance of cheese or as a substitute for 
cheese, except as provided in section 1 (4200-21) of this act, and who- 
ever with intent to deceive, defaces, erases, cancels, or removes any 
mark, stamp, brand, label or wrapper provided for in said section, or 
in any manner shall falsely label, stamp or mark any box, tub, article, 
or package marked, stamped or labeled as aforesaid, shall be pun- 
ished by a fine of not less than fifty nor more than one hundred dol- 
lars, or by imprisonment in the county jail not less than ten nor 
more than thirty days for the first offense, and by a fine of not less 
than one hundred nor more than two hundred dollars, or by imprison- 
ment in the county jail not less than twenty nor more than sixty 
days, or both for each subsequent ofTense. 

Sec. 4200-23. [Penalty for selling or offering imitation when 
cheese is called for.] Whoever, by himself or his agents, sells, ex- 
poses for sale, to any person who asks, sends or inquires for cheese, 
any article, substance or compound made in imitation or semblance 
of cheese, or as a substitute for cheese, not made entirely from milk 
or cream, with salt, rennet, and with or without harmless coloring 
matter, and containing not less than thirty per cent, pure butter fat, 
shall be punished by a fine of not less than fifty nor more than one 
hundred dollars, or by imprisonment in the county jail not less than 
ten or more than thirty days for the first offense, and by a fine of not 
less than one hundred nor more than two hundred dollars, or by im- 
prisonment in the county jail not less than twenty nor more than 
sixty days, or both, for each subsequent offense. (O. L., v. 97, p. .253.) 

Sec. 4200-24. [Penalty for selling, etc., imitation without proper 
brands and placard.] Whoever, by himself or his agents, sells or 
offers for sale, any article, substance, or compound made in imitation 
or semblance of cheese, or as a substitute for cheese not made entirely 
from milk or cream, with salt, rennet, and with or without harmless 
coloring matter, not marked and distinguished by all the marks, 
words and stamps required by this act, and not having in addition 
thereto upon the exposed contents of every opened tub, box, or parcel 
thereof, a conspicuous placard with the words "filled cheese" or 
"skimmed cheese" as the case may be printed thereon in plain, un- 
condensed letters, not less than one inch long, shall be punished by 
a fine of not less than fifty nor more than one hundred dollars, or by 
imprisonment in the county jail not less than ten or more than thirty 



80 LAWS RELATING TO AGRICULTURE. 

days for the first offense, and by a fine of not less than one hundred 
nor more than two hundred dollars, or by imprisonment in the county 
jail not less than twenty nor more than sixty days, or both, for each 
subsequent offense. 

Sec. 4200-25. [Posting of placard at place of business.] Who- 
ever, by himself or his agents, sells "filled cheese," or "skimmed 
cheese" or any substance made in imitation or semblance of cheese, or 
as a substitute for cheese, not made entirely from milk or cream, 
with salt, rennet, and with or without harmless coloring matter, from 
any dwelling, store, office or public mart, shall have conspicuously 
posted thereon the placard or sign, in letters not less than four inches 
in length "filled cheese sold here," or "skimmed cheese sold here," as 
the case may be. Any person neglecting or failing to post the pla- 
card herein provided for shall be punished by a fine of one hundred 
dollars for the first offense, and by a fine of one hundred dollars 
for each day's neglect thereafter. 

Sec. 4200-26. [Placard on sides of vehicle.] Whoever, .by him- 
self or his agents, peddles, sells, solicits orders for the future delivery 
of, or delivers from any cart, wagon or other vehicle, upon the public 
streets or ways, "filled cheese," or "skimmed cheese" or any substance 
made in imitation or semblance of cheese, or as a substitute for cheese, 
not made entirely from milk or cream, with salt, rennet, and with or 
without harmless coloring matter, not having on both sides of said 
cart, wagon, or other vehicle, the placard in uncondensed gothic let- 
ters not less than three inches in length, "filled cheese," or "skimmed 
cheese," shall be punished by a fine of not less than fifty nor more 
than one hundred dollars or by imprisonment in the county jail not 
less than ten nor more than thirty days for the first offense, and by a 
fine of not less than one hundred nor more than two hundred dollars 
or by imprisonment in the county jail not less than twenty nor more 
than sixty days, or both, for each subsequent offense. 

Sec. 4200-27. [Notice to guests, etc.] Whoever, by himself, or 
his agents, furnishes, or causes to be furnished, in any hotel, res- 
taurant, or [at] any lunch-counter "filled cheese," or "skimmed 
cheese" or any substance made in imitation or semblance of cheese, 
or as a substitute for cheese, not made entirely from milk or cream, 
with salt, rennet, and with or without harmless coloring matter, to 
any guest or patron of said hotel, restaurant, or lunch-counter, in 
the place or stead of cheese, shall notify said guest or patron that 
the substance so furnished is not cheese, and any person so furnish- 
ing without said notice, shall be punished by a fine of not less than 
ten nor more than fifty dollars for each offense. . , 

Sec. 4200-28. [Branding.] Every manufacturer of full milk 
cheese may put a brand upon each cheese so manufactured indicat- 
ing "full milk cheese," with the date and year when made, and no 
person shall use such a brand upon any cheese made from milk from 
which any of the cream has been taken. The food and dairy com- 
missioner shall procure and issue to the cheese manufacturers of the 
state, upon proper application, which application shall be made on or 
before the first day of April, 1896, and on or before the first day of 



LAWS RELATING TO AGRICULTURE. 81 

April, of each year thereafter, and under such regulations as to the 
custody and use thereof, as he may describe, a uniform stencil brand 
bearing a suitable device or motto, and the words, "Ohio state full 
cream cheese." Every such brand shall be used upon the outside 
of the cheese, cheese-cloth or band around the same, and upon the 
box or package containing the same, and shall bear a separate num- 
ber for each separate factory. The said commissioner shall keep 
a book in which shall be registered the name, location and number 
of each manufacturer using the brand, and the name or names of the 
person or persons in each factory authorized to use the same. No 
such brand shall be used upon any other but full cream cheese or 
packages containing the same ; provided, that nothing in this section 
shall be construed to prohibit the manufacture and sale of pure 
skimmed cheese made from milk that is clean, pure, healthy, whole- 
some and unadulterated except by skimming. The commissioner 
shall receive a fee of one dollar for each registration according to the 
provisions of this section, such fee to be paid by the person apply- 
ing for such registration. Whoever, by himself or his agents, violates 
any of the provisions of this section, shall be punished by a fine of 
not less than fifty nor more than one hundred dollars or by imprison- 
ment in the county jail not less than ten nor more than thirty days 
for the first offense, and by a fine of not less than one hundred nor 
more than two hundred dollars or by imprisonment in the county 
jail not less than twenty nor more than sixty days, or both for each 
subsequent offense. 

Sec. 4200-29. ["Person" defined.] The word "person" as used 
in this act, shall include- persons, corporations and companies. 

Sec. 4200-30. [Restrictions on sale of artificial dairy products.] 
That no person shall sell, expose or offer for sale or exchange, any 
substance purporting, appearing, or represented to be butter or 
cheese, or having the semblance of either butter or cheese, which 
substance is not made wholly from pure milk, or cream, salt and 
harmless coloring matter, unless it is done under its true name, and 
each vessel, package, roll or parcel of such substance has distinctly 
and durably painted, stamped, stenciled or marked thereon the true 
name of such substance in ordinary bold faced capital letters, not 
less than five line pica in size, and also the name of each article or 
ingredient used or entering into the composition of such substance, in 
ordinary bold faced letters, not [less] than pica in size, or sell or 
dispose of in any manner to another any such substance, without 
delivering with each amount sold or disposed of, a label on which 
is plainly or legibly printed in ordinary bold faced capital letters, 
not less than five line pica in size, the true name of such substance, 
and also the name of such articles used and entering into the com- 
position of such substance in ordinary bold faced letters, not less, than 
pica in size, if the same be not made wholly from pure milk, or cream, 
salt and harmless coloring matter; and the words "butter," "cream- 
ery," or "dairy," or any word or combination of words embracing the 
same, shall not be placed on any vessel, package, roll or parcel contain- 
ing any imitation dairy product or substance not made wholly from 
pure milk, or cream, salt, and harmless coloring matter. 

6-F. H. B. 



82 LAWS RELATING TO AGRICULTURE. 

Sec. 4200-31. [Restrictions on manufacture of.] No person or 
persons shall manufacture out of any oleaginous substance or sub- 
stances, or any compound of the same other than that produced from 
unadulterated milk or cream, salt and harmless coloring matter, any 
article designed to be sold as butter or cheese made from pure milk 
or cream, salt and harmless coloring matter. Nothing in this section 
shall prevent the use of pure skimmed milk in the manufacture of 
cheese. 

Sec. 4200-32. [Further restrictions on manufacture; sale of, etc.] 

No person or persons shall manufacture, mix, compound with or 
' add to natural or pure milk, cream, butter or cheese, any animal 
fats, animal, mineral or vegetable oils, nor shall any person or per- 
sons manufacture any oleaginous or other substance not produced 
from pure milk or cream, salt and harmless coloring matter, or have 
the same in his possession, or offer or expose the same for sale or 
exchange with intent to sell or in any manner dispose of the same 
as and for butter and cheese made from unadulterated milk or cream, 
salt and harmless coloring matter, nor shall any substance or com- 
pound so made be sold or disposed of to any one as and for butter 
or cheese made from pure milk or cream, salt and harmless coloring 
matter. 

Sec. 4209-33. [False brands and labels.] No person.. -or per- 
sons shall sell, exchange, expose or offer for sale or exchange, dis- 
pose of or have in his possession any substance or^arjdck^made in 
imitation or resemblance of, or as a substitute for a^>^fr^r J product 
which is falsely branded, stenciled, labeled or marked as to the'place 
where made, the name or cream value thereof, its composition or in- 
gredients, or in any other respect. 

Sec. 4200-34. [Brands, continued; skimmed milk cheese.] No 
person or persons shall sell, exchange, expose or offer for sale or ex- 
change, dispose of or have in his possession any dairy products which 
are falsely branded, stenciled, labeled or marked as to the place 
where made, date of manufacture, the name or cream value thereof, 
composition or ingredients, or in any other respect, and cheese wholly 
made from skimmed milk shall have branded upon the box or can 
"made from skimmed milk." 

Sec. 4200-35. [Card to be displayed by dealers in artificial dairy 
products; sale of less than original package.] Every person in this 
state who shall deal in, keep for sale, expose or offer for sale or ex- 
change, any substance other than butter or cheese made wholly 
from pure milk or cream, salt and harmless coloring matter, which 
appears to be, resembles, or is made in imitation of, or as a substi- 
tute for butter or cheese, shall keep a card not less in size than ten 
by fourteen inches, in a conspicuous and visible place where the 
same may be easily seen and read in the store, room, stand, booth, 
wagon or place where such substance is, on which card shall be 
printed, on a white ground, in bold, black, Roman letters, not less 
in size than twelve line pica, the words, "oleomargarine" or "imitation 
cheese" (as the case may be), "sold here," and said card shall not 
contain any other words than the ones above prescribed; and no 



LAWS RELATING TO AGRICULTURE. 83 

person shall sell any oleomargarine, suine, imitation cheese, or other 
imitation dairy product, at retail or in any quantity less than the 
original package, tub or firkin, unless he shall first inform the pur- 
chaser that the substance is not butter or cheese, but an imitation of 
the same. 

Sec. 4200-36. [Card to be displayed by keepers of hotels, res- 
taurants, etc.] Every proprietor, keeper, or manager, or person in 
charge of any hotel, boarding house, restaurant, eating house, lunch 
counter, or lunch room, who therein sells, uses, or disposes of any 
substance which appears to be, resembles, or is made in, or as an 
imitation of, or is made as a substitute for butter or cheese, under 
whatsoever name, and which substance' is not wholly made from pure 
milk or cream, salt, and harmless coloring matter, shall display and 
keep a card in a conspicuous place, where the same may be easily 
seen and read in the dining, eating, restaurant, and lunch room, and 
place where such substance is sold, used, or disposed of, which card 
shall be white and in size ne^ less than ten by fourteen inches, upon 
which shall be printed in pfain, bold, black Roman letters, not less 
in size than twelve line pica, the words "oleomargarine sold and used 
here/' or "imitation cheese sold and used here" (as the case may be), 
and said card shall not contain any other words than the ones above 
described, and such proprietor, keeper, manager, or person in charge 
shall not sell, furnish, or dispose of such substance as and for "butter 
and cheese," made from pure milk or cream, salt, and harmless col- 
oring matter, when butter or cheese is asked for. 

Sec. 4200-37. [Fraudulent shipments.] No person or persons 
shall pack, box, inclose, ship or consign any substance, as butter or 
cheese made from pure milk or cream, salt, and harmless coloring 
matter, in such a manner as to conceal an inferior article by placing 
a finer grade of butter or cheese upon the surface of the same. 

Sec. 4200-38. [Sale of diluted milk; false accounts.] No per- 
son, or persons shall sell to any person, or deliver or carry or cause to 
be carried to any cheese or butter factory to be manufactured, any 
milk diluted with water or in any way adulterated, or from which any 
cream has been taken, or milk commonly known as "skimmed milk," 
or milk from which [the] part known as "stoppings" has been with- 
held with the intent to defraud, or keeps or renders any false account 
of the quantity or weight of milk furnished at or to any factory for 
manufacture or sold to any manufacturer. 

Sec. 4200-39. [Impure and skimmed milk.] No person or per- 
sons shall sell, exchange, or offer for sale or exchange, any unclean, 
impure, unhealthy, unwholesome milk, or sell, exchange,, or offer for 
sale or exchange as "pure milk," milk diluted with water or milk 
known as skimmed milk. 

Sec. 4200-40. [Milk falsely labeled, etc.] No person or persons 
shall sell, exchange, expose, or offer for sale or exchange, have in 
his possession or dispose of in any manner, any milk which is falsely 
branded, labeled, marked or represented as to grade, quantity or place 
where produced or procured. 



84 LAWS RELATING TO AGRICULTURE. 

Sec. 4200-41. [Cows unhealthily fed, etc.] No person shall keep 
cows for the production of milk for any purpose, in a cramped 
or unhealthy condition, or feed them on unhealthy food, or upon food 
that produces impure, unhealthy or unwholesome milk. 

Sec. 4200-42. [Condensed milk.] No person shall manufacture, 
sell, exchange, expose or offer for sale or exchange, any condensed 
milk, unless the package, can or vessel containing the same shall 
be distinctly labeled, stamped or marked with its true name, brand, 
by whom and under what name made, and no condensed milk shall be 
made, exchanged, exposed or offered for sale or exchange, unless the 
same be made from pure, clean, healthy, fresh unadulterated and 
wholesome milk, from which the cream has not been removed, or un- 
less the proportion of milk solids contained in the condensed milk 
shall be in amount the equivalent of twelve per centum of milk solids 
in crude milk, and of such solids twenty-five per centum shall be fat. 

Sec. 4200-43. [State institutions.] No butter or cheese not made 
wholly from pure milk or cream, salt and harmless coloring matter, 
shall be used in any of the charitable or penal institutions of the state. 

Sec. 4200-44. [Penalties.] An}^ person or persons violating 
any of the provisions or sections of this act shall, upon conviction 
thereof, be fined not less than fifty or more than two hundred dollars 
for the first offense, or for each subsequent offense not less than 
one hundred dollars or more than five hundred dollars, and be im- 
prisoned not less than ten days or more than ninety days, or both. 

Sec. 4200-50. [Adulterated vinegar; its manufacture and sale 
forbidden.] No person shall manufacture for sale, offer or expose 
for sale, sell or deliver, or have in his possession with intent to sell or 
deliver, any vinegar not in compliance with the provisions of this act. 
No vinegar shall be sold as apple, orchard or cider-vinegar which is 
not the legitimate product of pure apple-juice, known as apple-cider; 
or vinegar not made exclusively of said apple-cider; or vinegar into 
which foreign substance, drugs or acids have been introduced, as may 
appear upon proper test, and upon said test shall contain not less 
than two per cent, by weight, of cider-vinegar solids upon full evap- 
oration at the temperature of boiling water. 

Sec. 4200-51. [Fermented and distilled vinegars.] All vine- 
gar made by fermentation and oxidation without the intervention 
of distillation shall be branded "fermented vinegar," with the name of 
the fruit or substance from which the same is made. And all vinegar 
made wholly or in part from distilled liquor shall- be branded "dis- 
tilled vinegar," and all such distilled vinegar shall be free from col- 
oring matter added during or after distillation and from color other 
than that imparted to it by distillation. And all fermented vinegar 
not distilled shall contain not less than two per cent., by weight, 
upon full evaporation (at the temperature of boiling water), of solids, 
contained in the fruit or grain from which said vinegar is fermented, 
and said vinegar shall contain not less than two-and-a-half-tenths 
of one per cent, ash or mineral matter, the same being the product 
of the material from which said vinegar is manufactured. And all 



LAWS RELATING TO AGRICULTURE. 85 

vinegar shall be made wholly from the fruit or grain from which it 
purports to be or is represented to be made, and shall contain no 
foreign substance, and shall contain not less than four per cent., by 
weight, of absolute acetic acid. 

Sec. 4200-52. [Injurious ingredients; branding.] No person 
shall manufacture for sale, offer for sale, or have in his possession 
with intent to sell, any vinegar found upon proper test to contain any 
preparation of lead, copper, sulphuric or other mineral acid, or other 
ingredients injurious to health. And all packages containing vinegar 
shall be branded on the head of the cask, barrel or keg containing 
such vinegar, or if sold in other packages that each package be plainly 
marked with the name and residence of the manufacturer, together 
with brand required in section two (4200-51) hereof. 

Sec. 4200-54. [Penalty.] Whoever violates any of the provi- 
sions of this act shall, upon conviction, be fined not less than fifty 
dollars nor more than one hundred dollars, or imprisoned not less than 
thirty days nor more than one hundred days, or both, and shall be ad- 
judged to pay, in addition, all necessary costs and expenses incurred in 
inspection and analyzing such vinegar. 

[Brands on casks of vinegar.] Every person making or manu- 
facturing cider vinegar, who is not a domestic manufacturer of cider 
or cider vinegar, shall brand on each head of the cask, barrel or keg 
containing such vinegar, the name and residence of the manufacturer, 
the date when same was manufactured, and the words "cider vinegar." 
And no vinegar shall be branded "fruit vinegar" unless the same be 
made wholly from apples, grapes, or other fruit. 

[Manufacturing farmer.] Provided, that nothing in this bill shall 
be construed to prevent any farmer from manufacturing for his own 
private use, or offering for sale, not to exceed twenty-five barrels in 
any one year, pure cider or other fruit vinegar, branding the same "do- 
mestic cider vinegar," with name and date of manufacture, and when 
so branded, shall be sufficient guarantee of its purity. 

Sec. 4200-55. [Penalties.] Whoever violates any of the provi- 
sions of this act shall, upon conviction, be fined not less than fifty 
dollars, nor more than one hundred dollars or imprisoned not less than 
thirty days, nor more than one hundred days, or both, and shall be 
adjudged to pay in addition all necessary costs and expenses incurred 
in inspecting and analyzing such vinegar. And all vinegar not in ac- 
cordance with this act shall be subject to forfeiture and spoliation. 

Sec. 4200-62. [Maple sugar and syrup defined.] That maple 
sugar, or pure maple sugar, and maple syrup, or pure maple syrup, 
shall be the unadulterated product produced by the evaporation of pure 
sap from the maple tree. (O. L., v. 97, p. 46.) 

Sec. 42oo*-63. [Standard of weight of maple syrup; adulteration, 
what is.] The standard of weight of a gallon of maple syrup of 231 
cubic inches in the state of Ohio, shall be eleven pounds. Any sub- 
stance purporting to be maple syrup or maple sugar not made in com- 



8b LAWS RELATING TO AGRICULTURE. 

pliance with section I of this act shall be deemed to be an adulteration 
of maple syrup or maple sugar, and maple syrup of less weight than 
herein required shall be deemed an adulteration of maple syrup. (O. 
L., v. 98, p. 201.) 

Sec. 4200-64. [Unlawful to sell adulterated maple sugar or 
syrup.] Any person who shall manufacture for sale, offer for sale, 
or have in his possession with intent to sell, or sell or deliver as and 
for maple syrup or maple sugar any adulteration of maple syrup or 
maple sugar as herein defined shall, upon conviction, be punished as 
provided in section 6 of this act. (O. L., v. 97, p. 46.) 

Sec.4200-65. [Package must bear label of packer; what label to 
contain.] Any person who shall offer for sale, have in his possession 
with intent to sell, or sell or deliver as and for maple syrup, or as 
and for maple sugar, any articles which do not bear the name and 
address of the packer and also the state, territory or country in 
which the goods were produced, in plain legible type upon the label, 
shall, upon conviction, be punished as provided in section 6 of this 
act. (O. L., v. 97, p. 47.) 

Sec. 4200-66. [Fraudulent use of word "Maple."] Any person 
who shall offer for sale, have in his possession with intent to sell, or 
sell or deliver any adulteration of maple syrup or maple sugar in any 
box, can, bottle or other package having the word "Maple" or any 
compounding of this word, as the name or part of the 
name of the syrup or sugar or any device or illustration sugges- 
tive of maple syrup or sugar or the manufacture thereof, shall, upon 
conviction, be punished as provided in section 6 of this act. (O. L., v. 
97, P- 470 

Sec. 4200-67. [Penalty.] Any person who violates any of the 
provisions of this act shall be guilty of a misdemeanor and upon con- 
viction shall be fined not less than fifty nor more than two hundred 
dollars and shall pay the costs of prosecution. (O. L., v. 97, p. 47.) 



SELLING OR FEEDING UNWHOLESOME FOOD. 

Sec. 6855. [Selling diseased animals, allowing same to run at 
large or come in contact with other animals.] Whoever, being the 
owner, or having the charge of any animal mentioned in section sixty- 
eight hundred and fifty, knowing the same to have any infectious or 
contagious disease, or to have been recently exposed thereto, sells, 
barters, or disposes of such animal, without first disclosing to the per- 
son to whom the same is sold, bartered or disposed of, that such 
animal is so diseased, or has been so exposed, as aforesaid, or know- 
ingly permits such animal to run at large, or, knowing such animal 
to be diseased as aforesaid, knowingly permits the same to come into 
contact with any such animal of another person without his knowl- 
edge or permission, shall be fined not more than five hundred nor 
less than twenty dollars, or imprisoned not more [than] thirty days, 
or both. 



LAWS RELATING TO AGRICULTURE. 



87 



Sec. 6928. [Selling unwholesome provisions.] Whoever sells, 
or offers for sale, or has in his possession with a view to sell any kind 
of diseased, corrupted, adulterated, or unwholesome provisions, 
whether for meat or drink, without making the condition of the same 
known to the buyer, and whoever kills for the purpose of sale, any 
calf less than four weeks old, or sells, or has in possession with intent 
to sell, the meat of any calf which he knows to have been killed when 
less than four weeks old, shall be fined not more than fifty dollars, or 
imprisoned twenty days, or both. 

Sec. 6928-1. [Feeding unwholesome offal or flesh to swine, etc.] 

Whoever feeds to swine, or animals of any kind used for human food 
the flesh of any old horse, or the flesh of any animal which has be- 
come old, decrepit, infirm or sick, or of one that has died from such 
cause, or any offal or flesh that is putrid or unwholesome, shall be 
fined not more than two hundred dollars nor less than fifty, or im- 
prisoned for the first offense not more than thirty days, or both, and 
for a second offense not more than six months, or both. 

BEES. 

(4221-13) Sec. 1. [Upon petition county commissioners shall 
appoint bee inspector.] That whenever a petition is presented to the 
board of county commissioners of any county in the state of Ohio, 
signed by three or more persons, all of whom are residents of said 
county and possessors of an apiary or place where bees are kept, 
stating that certain apiaries within said county are infected with 
the disease known as foul brood, or any other disease which is injuri- 
ous to bees or their larvae, praying that an inspector be appointed by 
said board of county commissioners, said board of county commission- 
ers shall within five days after the presentation of said petition appoint 
a person as bee inspector who is a resident of said county who shall 
be a skilled bee-keeper, having thorough knowledge of foul brood and 
other diseases injurious to bees and their larvae and the treatment of 
same. (O. L., v. 98, p. 55.) 

(4221-14) Sec. 2. [Appointee shall file acceptance of office; 
vacancies.] The person so appointed shall within five days after his 
appointment file with the said board his written acceptance of the 
office, or, in default thereof, or in case of vacancy, the board shall in 
the same manner make new appointments until the said office is filled. 
The inspector shall hold his office for two years and until his successor 
is appointed and qualified, except when upon petition of ten persons, 
(each of whom is a resident of said cpunty and possessor of an apiary) 
to the board of county commissioners of said county, may remove said 
inspector for cause, after a hearing of petitioners. (O. L., v. 97, 

P . 128.) 

(4221-15) Sec. 3. [When affidavit to be filed stating that certain 
apiaries are affected with disease.] Any bee-keeper or other person 
who shall have cause to believe that an apiary in his county, is af- 
fected with foul brood or other disease, either in his own apiary or else- 
where, shall make affidavit stating that on information or belief, he 
believes that certain apiaries, describing the location, naming the 



88 LAWS RELATING TO AGRICULTURE. 

owner or keeper, is affected with foul brood or other disease, and his 
ground for such belief. On receiving said affidavit, from any source 
of the existence in any apiary in his county, of the disease known as 
foul brood, or any other infectious or contagious disease of bees, the 
county inspector of bees shall forthwith inspect each colony of bees 
and all hives, implements and apparatus, honey and supplies on hand 
or used in connection with such apiary, and distinctly designate each 
colony or apiary which is infected, and notify the owner, or person in 
charge of said bees thereof, in writing, and the owners of said bees, 
or the persons in charge thereof to practically and in good faith apply, 
and thereafter fully and effectually carry out to and upon such dis- 
eased colonies, such treatment as may have been prescribed by the said 
inspector for such cases; also thoroughly disinfect, to the satisfac- 
tion of the inspector all hives, bee-houses, combs, honey and apparatus 
that have been used in connection with any such diseased Colonies ; or, 
at his election, the said owner or person in charge of such bees may, 
within the same time utterly and completely destroy said bees, hives, 
houses, comb-houses, honey and apparatus by first killing the bees 
(by the use of sulphur fumes when the bees are in the hives for the 
night), by fire or bury the same in the ground with a covering of not 
less than two feet of earth. (O. L., v. 97, p. 127.) 

(4221-16) Sec. 4. [Inspector shall have right to enter premises 
of any bee-keeper for purpose of inspecting bees ; penalty for refusing 
to allow entry.] The inspector of bees, shall have the right to enter 
the premises of any bee-keeper, where the bees are kept, and inspect 
such bees, and any person resisting or refusing to allow said inspection 
by said bee-inspector, shall be guilty of a misdemeanor, and may be 
then and there arrested by said bee inspector or person deputized by 
him, and brought before a justice of the peace and upon conviction, 
shall be fined not less than ten dollars, nor more than twenty-five dol- 
lars. (O. L., v. 97, p. 128.) 

(4221-17) Sec. 5. [After inspecting the inspector shall disin- 
fect person and clothing.] After inspecting, working with, or hand- 
ling infected hives or fixtures, or handling diseased bees, the inspector 
or other person shall, before leaving the premises, or proceeding to 
any other apiary, thoroughly disinfect his own person and clothing, 
and shall see that any assistant or assistants with him have also thor- 
oughly disinfected their clothing and person. (O. L., v. 97, p. 128.) 

(4221-18) Sec. 6. [Inspector may order owner of bees dwelling 
in box-hives to remove same to movable frame hives ; penalty for fail- 
ure so to do.] The inspector shall have full power in his discretion 
to order any owner or possessor of bees dwelling in box-hives, in 
apiaries where the disease exists (being mere boxes without frames) 
to transfer such bees to movable frame hives within a specified time, 
and in default of such transfer, the same shall become unlawful and 
the inspector may destroy, or order for destruction of such box hives 
and the bees dwelling therein, as a public nuisance. (O. L., v. 97, p. 
128.) 

(4221-19) Sec. 7. [Penalty for disposal of diseased bees or in- 
fected combs, appliances, etc.] Should any owner of, or keeper of, or 



LAWS RELATING TO AGRICULTURE. 



89 



other person having diseased bees or their larvae, or of any affected 
hives of combs, appliances or utensils for bee keeping, sell or barter, 
or give away the same, or allow the same or any part thereof to be 
moved, such person shall be guilty of a misdemeanor, and upon con- 
viction such person shall be fined not less than ten dollars, nor more 
than twenty-five dollars. (O. L., v. 97, 128.) 

(4221-20) Sec. 8. [Penalty for unauthorized disposal of bees, 
hives or appurtenances.] Should any person, whose bees have been 
destroyed or treated for foul brood, sell, or offer for sale, any bees, 
hives or appurtenances of any kind after such destruction or treatment, 
and before being authorized by the inspector to do so, or should he 
expose, in his bee yard or elsew r here, any infected comb honey, or 
other infected thing, or conceal the fact that such disease exists 
among his bees, such person shall be guilty of a misdemeanor and upon 
conviction, such person shall be fined not less than ten dollars, nor 
more than twenty-five dollars. (O. L., v. 97, p. 128.) 

(4221-21) Sec. 9. [Penalty for failure to comply with instruc- 
tions of inspector.] If any owner or keeper of bees, knows of, or after 
being notified by the bee inspector, that foul brood or other infectious 
or contagious disease exists in any of the hives in the apiaries owned 
or in charge of said persons and shall fail to comply within ten days 
from receiving said knowledge and the date of receiving instructions 
from the county inspector to cure or destroy the bees or hives, or 
their appliances, such person shall be guilty of a misdemeanor and 
upon conviction thereof such person shall be fined not less than ten 
dollars nor more than twenty-five dollars. (O. L., v. 97, p. 1.28.) 

(4221-22) Sec. 10. [Penalty for disobeying orders of inspector.] 
When the owner or possessor of bees shall disobey the directions of 
said bee inspector in curing or destroying any diseased bees, honey, 
hives or appliances shall become unlawful and a public nuisance, and 
the said bee inspector shall at once destroy said bees, honey, hives or 
appliances, and may deputize such additional persons as he may find 
necessary to effect said destruction. (O. L., v. 97, p. 129.) 

(4221-23) Sec. 11. [Inspector's monthly report.] The inspec- 
tor shall make a monthly report in writing, under oath, to the board 
of county commissioners, in which report he shall- state the days 
and number of hours in the preceding month spent by him in the 
actual discharge of his duties, and shall in said report state the name 
of the owner or keeper, and the location of the apiary upon which 
such time was spent in curing or destroying said bees, together with 
an itemized account, shoAving the dates and amounts for w T hat incurred, 
money spent for any discharge of his duties, and to whom the same 
was paid, and for what services and considerations such indebtedness 
was incurred, and accompany said report with the affidavits given him 
under and in pursuance of section 3 of this act, and make full and com- 
plete report of all he did and results of his treatment of any apiary. 
(O. L., v. 97, p. 129.) 

(4221-24) Sec. 12. [Compensation of inspector.] After the in- 
spector of bees in any county shall make report, as provided in the 



90 LAWS RELATING TO AGRICULTURE. 

preceding section, said county commissioner shall allow to said inspec- 
tor of bees two dollars for a full day, and one dollar for each half day, 
necessarily and actually employed in the discharge of his duties under 
this act, together with his necessary and actual expenses while -so 
employed, to be audited, allowed and paid by the county treasurer 
upon the warrant of the county auditor. (O. L., v. 97, p. 129.) 

(4221-240) Sec. 12a. [Tax levy.] There shall be levied annual- 
ly on the owner of each colony of bees in each county in the sttae an 
annual tax of one (1) cent for each colony owned which levy shall 
be placed on the tax duplicate o£ the county by the auditor of such 
county at the time of the levy of other taxes each year and such levy 
shall be predicated upon the returns for taxation as made to such au- 
ditor by the assessors having jurisdiction in the premises for the return 
of personal property for taxation; such assessors shall be provided 
with blanks necessary to procure such returns from owners of colonies 
of bees who shall on demand be required to list the same for taxation 
for the purposes of this act as in other cases of listing and valuation of 
personalty for taxation. The county treasurer shall collect the 
amount of said tax so assessed in the same manner and at the same 
time he collects other taxes and the same shall be certified to him by 
the county auditor in the same manner as other taxes for collection. 
The amount so collected shall constitute a special fund to be disposed 
of in the payment of the salary and actual expenses of the inspector 
of bees apointed in pursuance of the provisions of the act of April 
15, 1904, aforesaid. (O. L., v. 98, p. 56.) 

MUTUAL INSURANCE ASSOCIATIONS. 

Sec. 3686. [Mutual protection associations authorized.] Any 

number of persons of lawful age, residents of this state, or residents 
of an adjoining state and owning insurable property in this state, not 
less than ten in number, may associate themselves together for the 
purpose of insuring each other against loss by fire and lightning, 
cyclones, tornadoes or wind storms, hail storms and explosions from 
gas, on property in this state ; and may make, assess and collect upon 
and from each other such sums of money, from time to time, as may 
be necessary to pay losses which occur by fire and lightning, cyclones, 
tornadoes, wind storms, hail storms and explosions from gas to any 
member of such association, and the assessment and collection of 
such sums of money shall be regulated by the constitution and by-laws 
of the association. (O. L., v. 97, p. 150.) 

Sec. 3687. [Certificate of incorporation.] Such persons shall 
make and subscribe a certificate setting forth therein : 

First — The name by which the association shall be known. 

Second — 'The place which shall be regarded as its center or busi- 
ness office. 

Third — The object of the association, which shall only be one or 
more of the objects set forth in section thirty-six hundred and eighty- 
six of the Revised Statutes, and to enforce any contract which may be 
by them entered into, by which those entering therein shall agree to 
be assessed specifically for incidental purposes and for the payment 



LAWS RELATING TO AGRICULTURE. 91 

of losses which occur to its members. The kinds of property proposed 
to be insured and the casualties specified in said section 3686 proposed 
to be insured against shall be specified in such certificate. 

Sec. 3688. [When certificate to be filed.] The certificate shall be 
filed in the office of the secretary of state, and a copy thereof, duly 
certified by the secretary of state, shall be evidence of the existence 
and due incorporation of the association for the purposes therein 
named. 

Sec. 3689. [Election of officers; powers.] When such certificate 
is so filed, and a copy thereof so certified forwarded to the association, 
the persons named therein shall elect their directors, and a president, 
secretary, and treasurer, and such other officers as may be necessary 
for the complete performance of all the business and objects of the 
association herein provided, to serve for one year; and such officers 
shall thereafter be chosen in such manner, and at such time as shall 
be fixed upon in the constitution ; but directors shall not be chosen 
for a longer period than three years ; and such association so organ- 
ized shall be known and held to be a body corporate for all the pur- 
poses aforesaid, and may sue and be sued, and plead and be impleaded, 
in all courts of law and equity, but in no instance shall the power to 
insure against losses by fire or tornadoes be exercised to other than 
members of the association. 

Sec. 3690. [Certain insurance companies must adopt constitution 
and by-laws.] Every such association shall adopt such constitution 
and by-laws not inconsistent with the constitution and laws of this 
state or of the United States as will, in the judgment of its members, 
best subserve the interests and purposes of the association; and all 
persons who sign such constitution shall be considered and held to be 
members of the association, and shall be held in law to comply with all 
the provisions, and requirements of the association. Before granting 
any insurance, such association shall file with the superintendent 
of insurance a copy of its articles of incorporation duly certified 
to by the secretary of state, a copy of its constitution and by-laws 
and forms of certificates of membership or insurance, and if the super- 
intendent find that the association has been duly organized and has 
complied with, the law, he shall issue to it his certificate reciting that 
it has complied with the law, which certificate shall be the authority 
of the association to commence business and grant insurance. Upon 
filing its annual statement, the superintendent shall, annually, issue 
a renewal of such certificate to such association if he find the asso- 
ciation has complied with the law. For each such certificate and 
renewal every association shall pay to the superintendent for use of 
the state, five dollars, and the association shall annually upon receipt 
of same, publish such certificate or renewal in a newspaper published 
and of general circulation in the county of its center or business office, 
as prescribed for the publication of certificates defined in section two 
hundred and eighty-four of the Revised Statutes, which publication 
shall be in lieu of the publication required by said section two hun- 
dred and eighty-four; and the president or vice-president and secretary 
of every such association shall annually on the first day of January, 
or within thirty days thereafter, prepare under oath and deposit in the 



92 t LAWS RELATING TO AGRICULTURE. 

office of the superintendent of insurance a statement of the condition 
of such association on the thirty-first day of December then next 
preceding, exhibiting such facts, as are enumerated in section thirty- 
six hundred and fifty-four (3654) of the Revised Statutes, and appli- 
cable to such associations, and such other information necessary to 
reveal the financial condition of such association as the superintendent 
may require, in a printed form to be by him supplied to such asso- 
ciation for that purpose, and every such .association which fails 
to make and deposit such statement or to reply to any inquiry of 
the superintendent, shall be subject to a penalty of five hundred dol- 
lars and an additional five hundred dollars for every month that it 
continues thereafter to transact any business of insurance. (O. L., 
v. 97, p. 150.) 

Sec. 3690-1. [Mutual fire insurance associations authorized to 
organize as companies.] Any mutual fire insurance associati'on or- 
ganized under section 3686, now doing business and now having the 
number of policies and amount of insurance in force and the amount 
of assets required in order to organize a mutual fire insurance com- 
pany, may reorganize as such mutual fire insurance company in the 
following manner: The board of trustees of such association shall 
give notice, by publication in a newspaper of general circulation, and 
published in the county wherein its principal office is situated, at least 
three consecutive weeks before such application be made, of their in- 
tention to so organize ; and shall thereupon make application to the 
superintendent of insurance respecting their desire to assume the re- 
quirements of all the laws governing mutual fire insurance companies 
organized and doing business under the laws of Ohio, setting forth 
the amount of insurance carried, the number of policies in force, the 
amount of its assets and liabilities; and if said superintendent of in- 
surance shall be satisfied, by an examination, or otherwise, of the 
condition of such association, that at the date of the passage of this 
act it possessed the required amount of assets,, and the number and 
amount of policies in force required to organize a mutual fire in- 
surance company, he shall so certify, upon a certificate of incorpora- 
tion, containing the requisite statements required to incorporate a 
mutual fire insurance company, which certificate after having been 
duly executed, shall be delivered to the secretary of state, who shall 
record the same, and issue his certificate of incorporation as in other 
cases for change of name, capital or location of an incorporated com- 
pany, charging only such fees therefor as authorized by law in other 
cases for change in capital or location of company. 

Sec. 3690-2. [Rights of policy-holders; how affected.] There- 
after the business of such fire insurance association shall be con- 
ducted as and be subject to all laws governing mutual fire insurance 
companies; and all members of said association shall be members 
of said mutual fire insurance company, to the time of the expiration of 
[or] cancellation of their policies, and entitled to all the benefits as 
such, precisely as if original members of such company, without 
exchanging policies or contracts, and entitled to all the benefits as 
members of said company precisely as if original members of said 
company. 



LAWS RELATING TO AGRICULTURE. yd 

Sec. 3690-3. [Policies; by-laws, etc.] After such change in the 
plan of insurance by such association, and the organization of such 
mutual fire insurance company, all policies thereafter issued shall be 
in the name and by the authority of such mutual fire insurance com- 
pany, and the policies theretofore in force, and the by-laws, rules and 
regulations of such association, if not in conflict with the laws gov- 
erning mutual fire insurance companies, shall be and remain in full 
force and effect until the same shall have terminated or been lawfully 
rhanged by said company or its board of directors, as authorized by 
.aw. 

Sec. 3691. [Cellar and foundation not considered part of struc- 
ture in settling loss.] The cellar and foundation walls' shall not be in- 
cluded or considered a part of the building or structure in settling 
losses, anything in the application or policy to the contrary notwith- 
standing. 

A boiler and engine may be a structure: Ins. Co. v. Luce, 11 C. C. 476; 5 
O. D. 310. 



MUTUAL COMPANIES FOR INSURING ANIMALS. 

Sec. 3691-1. [Mutual protective association.] Any number of 
persons of lawful age, residents of this state, not less than five, may 
associate themselves together for the purpose of becoming a body cor- 
porate, and may insure themselves, and any person becoming a mem- 
ber of such incorporation, in accordance with the rules and regulations 
of such corporation, against loss, from death, of domestic animals, and 
may assess and collect, upon and from each other, such sums of 
money, from time to time, as may be necessary to pay losses which 
occur, from death of domestic animals, to any member of such incor- 
poration ; and incidental expenses, and the assessments and collections 
of such sums of money shall be regulated b}^ the constitution and by- 
laws of the corporation. 

Sec. 3791-2. [Certificate of organization.] Such persons shall 
make and subscribe a certificate, setting forth therein. — 

First — The name by which the corporation shall be known. 

Second — The place which shall be chosen as its principal office. 

Third — The object of the corporation, which shall only be to en- 
able its members to insure each other against loss from death of do- 
mestic animals, and to enforce any contract which may be by them 
entered into, whereby they specifically agree to be assessed for the 
payment of losses and incidental expenses. 

Fourth — Shall acknowledge the signing of such certificate before a 
notary public, or other officer authorized to take the acknowledg- 
ments of deeds and mortgages. 

Sec. 3691-3. [Certificate to be filed with secretary of state.] The 

certificate shall be filed in the office of the secretary of state, and a 
copy thereof, duly certified by the secretary of state, shall be evi- 
dence of the existence and due incorporation of such company for the 
purposes therein named. 



94 LAWS RELATING TO AGRICULTURE. 

Sec. 3691-4. [Election of officers.] When such certificate is so 
filed, and a copy thereof, so certified, forwarded to the company, the 
persons named therein shall elect their directors, and a president, 
secretary and treasurer, and such other officers as may be necessary 
for the complete performance of all the business and objects of the 
company herein provided for, to serve for one year, or until their suc- 
cessors are duly elected and qualified. Such officers shall there- 
after be elected annually, by the members of the association, at such 
time as shall be fixed upon in the constitution ; and such company so 
organized shall be known and held to be a body corporate, for the 
purpose aforesaid, and may sue and be sued, and plead and be im- 
pleaded, in all courts of law and equity; but in no instance shall the 
power to insure against loss by death of domestic animals be exer- 
cised to others than the members of the company; and no such com- 
pany shall receive applications nor issue policies to persons not bona 
fide residents of Ohio. 

Sec. 3691-5. [Constitution and by-laws; annual statement to 
commissioner of insurance.] Every such company shall adopt such 
constitution and by-laws, not inconsistent with the constitution and 
laws of this state and the United States, as will, in the judgment of 
its members, best subserve the interest and purposes of the company; 
and all persons who obtain insurance in such company 'shall thereby 
become members thereof, with power to vote at all regular meetings 
of such members, upon all subjects, and shall be held, in law, to 
comply with all the provisions and requirements of the company; 
and the president, or vice-president, and secretary of every such 
company, shall annually, on the first day of January, or within thirty 
days thereafter, prepare, under oath, and deposit in the office of 
superintendent of insurance, a statement of the condition of such com- 
pany on the thirty-first day of December then next preceding, ex- 
hibiting such facts as are enumerated in section thirty-six hundred 
and fifty-four of the Revised Statutes of Ohio, and applicable to such 
companies, and such other information as is necessary to reveal the 
financial condition and general management of such company, as the 
superintendent of insurance may require in printed form, to be, by 
him, supplied to such companies for that purpose; and every such 
company failing to make and deposit such statement, or to reply 
to any inquiry of the superintendent, shall be subject to a penalty 
of five hundred dollars, and an additional five hundred dollars for 
every month that it continues thereafter to transact any business of 
insurance, and shall forfeit its right to do the business contemplated 
by this act, which forfeiture the superintendent shall enforce by pro- 
ceedings in quo warranto. 

Sec. 3691-6. [Examinations by commissioner of insurance.] 

The superintendent of insurance may, whenever he may deem it ad- 
visable, cause an examination of the affairs of such company or cor- 
poration to be made by one or more disinterested persons, at the 
expense of the company, such expense not to exceed five dollars per 
day for each person so employed; and if, upon such examination, it 
shall appear that such company or corporation is exercising powers 
or franchises contrary to law, the superintendent of insurance shall 
institute proceedings in quo warranto against the same, and if it be 



LAWS RELATING TO AGRICULTURE. 95 

found, in such proceedings, that such company or corporation has 
exercised powers or franchises contrary to law, a forfeiture of its right 
to do business shall be declared. 

Sec. 3691-7. [Amount of applications for insurance required be- 
fore commencing business.] No company organized under this act 
shall issue any certificate or policy of insurance until bona fide appli- 
cations for insurance to the amount of fifty thousand dollars shall 
have been filed with the secretary of such company, and a statement 
of such fact sworn to by such secretary and president of such com- 
pany, filed with and approved by the superintendent of insurance. 
Nor shall the treasurer of such company receive any money, as such 
treasurer, until he shall have filed with the superintendent of insur- 
ance, payable to the state of Ohio, for the benefit of the members of 
such company, his bond, in the sum of ten thousand dollars, with 
security, to be approved by the superintendent. Such bond shall be 
conditional for the faithful application of all money coming into his 
hands as such treasurer. 

Sec. 3691-8. [When company may commence business.] When 
the statement of the secretary and the president, and the bond of the 
treasurer, provided for by the preceding section, shall have been filed 
and approved by the superintendent of insurance, the superintendent 
shall issue, to such company, his certificate, certifying such fact, and 
such certificate shall constitute the authority of such company to com- 
mence business. 

Sec. 3691-9. [When charter may be forfeited.] Should the 
amount at risk in such company, at any time, become reduced below 
fifty thousand dollars, such company shall issue no more certificates 
or policies of insurance until bona fide applications, sufficient to re- 
store such insurance to said amount, shall have been secured, and a 
sworn statement of such fact shall have been filed with and ap- 
proved by the superintendent of insurance, and by him certified to 
the company; and should such company fail to so restore such 
amount, for the period of six months, then such company shall for- 
feit its right to do [the] business contemplated by this act; and when 
the liabilities of such company shall exceed three per cent, of the 
amount of risk in force, as determined by the last preceding assess- 
ment, such company shall be deemed to be insolvent, and to have for- 
feited its charter; and such forfeiture shall be enforced by the super- 
intendent of insurance by proceedings in quo warranto. 

Sec. 3691-10. [Bond of secretary and treasurer.] The treas- 
urer and secretary of such companies shall give bond for the faithful 
performance of their duties, to the directors or trustees of the com- 
pany, in such sum and with such security as shall be prescribed in 
the by-laws of the company, the security to be approved by such 
directors or trustees. 

Sec. 3691-11. [Directors.] The directors or trustees of such 
company shall, before qualified, take an oath, to be administered by 
any officer authorized to take acknowledgments of deeds, to faithfully 
perform the duties required of them as such officers. 



yb LAWS RELATING TO AGRICULTURE. 

Sec. 3691-12. [Statement of secretary and bond of treasurer to 
be filed with commissioner of insurance.] Any company or associa- 
tion, organized under sections three thousand six hundred and eighty- 
six and three thousand six hundred and eighty-seven of the Revised 
Statutes of Ohio, as amended February 27, 1885, for the purpose of in- 
suring its members against loss from death of domestic animals, and 
still doing business, shall, within ninety days after the passage of this 
act, file the statement, and the treasurer shall file his bond as pro- 
vided in section seven of this act, and failing so to do, shall forfeit 
the right to do the business contemplated by this act. 



FARM LABORERS' ASSOCIATIONS, 

Sec. 3843. [Farm laborers' associations.] No association incor- 
porated for the purpose of promoting the interests of agriculture, and 
for the relief of distressed farm laborers., or their widows and orphans, 
whether such widows and orphans are members of such association 
or not, and for any other charitable purpose, shall take or hold any 
real estate, except such as may be actually occupied in the exercise of 
its legitimate business, and such as it may acquire in security for or 
satisfaction of debts justly due it; but real estate so occupied shall 
not in any case exceed in value the sum of fifty thousand dollars. 

Sec. 3844. [What investment it may make.] Such associations 
shall, after paying their expenses, invest their funds exclusively for 
the purposes mentioned in their articles of incorporation, and may 
invest the same in mortgages upon real estate, or in county, state, or 
United States securities; they may in their articles of incorporation, 
designate the kinds of securities in which their funds shall be invested, 
in which case no part thereof shall be invested in securities other than 
those named therein; but they shall not make any loan to any of 
their trustees or officers ; and they may take by gift, subscription, pur- 
chase, devise, or loan ; but no loan shall be taken for a less term 
than three years nor for a greater term than twenty years, nor to 
an amount exceeding one hundred thousand dollars, nor at a rate of 
interest greater than four per centum, payable semi-annually. 

Sec. 3845. [Must report to attorney-general.] Every such as- 
sociation shall make, annually, and transmit to the attorney-general, 
under the signatures of a majority of the trustees, attested by the 
clerk, a full and true statement of its condition and affairs ; and for 
any wilful neglect to make such report within one month after its 
annual meeting, the attorney-general may proceed against such asso- 
ciation for the forfeiture of its charter for such neglect. 

Sec. 3846. [Consolidation of two associations.] Any unincor- 
porated association or society organized for any purpose named in sec- 
tion thirty-eight hundred and forty-three may be consolidated with 
an association incorporated for a purpose named therein, by a res- 
olution of each, adopted by not less than two-thirds of its members, 
at a meeting called for that purpose ; such resolutions, and the votes 
thereon, shall be recorded by the clerk of the corporate association, 
and the consolidated association shall thereupon assume the name or 






Laws relating to agriculture. 97 

title of the corporate association, and be entitled to all its privileges; 
but the members of the consolidated association shall not be liable 
.for the debts or obligations of the unincorporated association or 
society. 

Sec. 3847. [Attorney-general to report annually.] The attor- 
ney-general shall, annually, report to the general assembly, in a con- 
densed form, the. number and condition of such associations as de- 
rived from the annual reports of the trustees. 

Sec. 3848. [May maintain libraries, etc.] All such incorpo- 
rated associations may keep and maintain libraries, and a museum of 
art consisting of models of such improved instruments and machinery 
as are best calculated to promote the interests of agriculture, for 
the benefit of such associations, under such rules and regulations 
as its members from time to time adopt, and may make all needful 
by-laws for the good government and regulation of the same. 

CRIMINALS, CORPORATIONS FOR THE APPREHENSION OF, 

(3705-11.) Sec. 1. [Corporations for the apprehension and con- 
viction of criminals.] That any number of persons, not less than fif- 
teen, a majority of whom shall be residents of the state of Ohio, are 
hereby authorized to become incorporated for the purpose of appre- 
hending and convicting any person or persons, accused of either 
felony or misdemeanor. 

(3705-12.) Sec. 2. [Seal; constitution; officers; certificate of 
appointment or election; powers of officers and members.] Any as- 
sociation so incorporated may make and use a common seal with the 
name of the corporation thereon. A majority of the members of such 
association shall have the power to adopt a constitution and by-laws 
for their government; and may elect or appoint such officers as they 
may deem proper, who shall hold their office during the term provided, 
by the constitution and by-laws thereof, and who shall perform the 
duties required of them by said constitution and by-laws, and the 
provisions of this act ; and the presiding officer of any such association 
or corporation may administer the proper oaths of office to any 
of its officers or members, and certify the appointment or election 
thereof under the seal of said corporation. The presiding officer 
may also appoint deputies, not exceeding one in each township, in 
any county or counties where such corporation is located, who may 
administer said oath of officeormembership,andcertifytheappointment 
or election thereof, which shall be valid when approved by said pre- 
siding officer under the seal of said corporation, and the officers 
and members of said association or corporation upon the proper 
certificate of the presiding officer thereof, when so elected or ap- 
pointed, shall have full power and authority, when a felony has 
been committed, to pursue and arrest, without warrant, any person 
or persons whom they believe or have reasonable cause to believe 
guilty of the offense, and arrest and detain such alleged criminal or 
criminals in any county in the state to which they have fled, and re- 
turn such accused person or persons to any officer of the county in 

7-F. H. B. 



08 LAWS RELATING TO AGRICULTURE. 

which the offense was committed, and there detain such accused 
person or persons until a legal warrant can be obtained for his or 
their arrest. And any officer or member of any such association or 
corporation, may -under the certificate of authority aforesaid, apply for 
and obtain a warrant for the arrest of any person or persons accused 
of felony or misdemeanor, which shall be issued to said member of any 
such association or corporation by any justice of the peace or police 
magistrate of any city or village under the same conditions as war- 
rants, are now issued to constables, and under said warrant any such 
officer or member shall have the same powers to arrest and detain 
offenders as is now vested in constable. 

(3705-13.) Sec. 3. [Assessments; indemnity for losses; ex- 
penditures.] Any association may make and collect from its mem- 
bers such assessments as may be authorized by its. constitution or by- 
laws, and may if so provided in its constitution, indemnify its mem- 
bers for losses caused by horse thieves or other felons, and expend 
such moneys as may be deemed necessary in the pursuit and arrest, 
and procuring the conviction of felons. 

(3705-14.) Sec. 4. [Reimbursement of expenses by county.] 

Upon the apprehension and conviction of any person or persons 
charged with felony by any such associations or corporation, the com- 
missioners of the county in which the crime was committed, may re- 
imburse said association in any sum not exceeding one hundred dol- 
lars, for necessary expenses, not otherwise provided for by law, in- 
curred in the apprehension and conviction of any such criminal and 
upon the apprehension and conviction by such association of any per- 
son or persons accused of misdemeanor, the commissioners of the 
county in which the crime was committed may reimburse said associa- 
tion in any sum not exceeding seventy-five dollars for necessary ex- 
penses incurred, not otherwise provided for by law, in the apprehen- 
sion and conviction of such criminals. 

Sec. 3709a. [Authorizing township societies to incorporate for 
the detection of horse thieves and other criminals and for mutual pro- 
tection of property against such.] When any number of natural per- 
sons of any township, form a society, for the detection and arrest of 
horse thieves and other criminals, and for the mutual protection of the 
property of its members, such society may become a body corporate in 
the manner prescribed in section thirty-seven hundred and nine of the 
Revised Statutes, to which this is supplementary, with the right of 
succession, and the right to make and use a common seal, and with 
power to sue and be sued, to contract and be contracted with, to levy 
and collect, by suit, if necessary, such assessments not exceeding three 
dollars annually from each member, as may be required to carry out 
the objects of the society, and to make for such society needful rules 
and regulations not in conflict with the laws of this state. 



LAWS RELATING TO AGRICULTURE. 99 

MARKET HOUSE COMPANIES. 

Sec. 3858. [Market-house companies.] A company incor- 
porated for the purpose of constructing and maintaining a market- 
house may construct, erect, establish, and maintain, at the place 
named in its articles of incorporation, a suitable building or buildings 
to be appropriated and used exclusively as a public market-house, 
for the sale .and vending of meats, vegetables, and all other kinds 
of provisions, and of fruits, plants, and flowers, and all other articles 
commonly sold and vended in public market-houses or spaces, on 
market days, in market hours. 

Sec. 3859. [Powers of such companies.] Such companies may 
rent, lease, sell, or dispose of stalls, cellar vaults,- or other divisions or 
spaces in their buildings in such manner, and upon such terms and 
conditions, as the directors shall determine; but a uniform rule in 
renting or leasing such stalls, cellar vaults, or other divisions or 
spaces, shall be established, printed and hung in conspicuous places 
in the buildings, and the same may be changed, from time to time, 
by the directors thereof ; and no preference shall be made, by any 
variation or difference in rates or prices, in favor of citizens of the 
city or village wherein the buildings are erected, and against farm- 
ers, butchers, or producers not residing in such- city or village, and 
no rule, regulation, order, or condition shall be made or exacted 
by any comapny to prevent farmers, butchers, or other persons from 
disposing of their produce, meats, vegetables, or other articles, in 
such quantities and upon such terms as they may deem proper; but 
such companies shall prohibit and prevent in their buildings the use 
of false weights or measures, the exposure or sale of any diseased or 
decaying meats or vegetables, and any offensive or injurious articles. 

WEIGHTS AND MEASURES. 

Sec. 4428. [Standards, those furnished by United States govern- 
ment; metric system.] The standard weights and measures furnished 
the state of Ohio by the secretary of the treasury of the United States, 
under a resolution of congress, approved June fourteenth, one thou- 
sand eight hundred and thirty-six, shall be the legal standard of 
weights and measures throughout the state ; but nothing in this chap- 
ter contained shall be construed to prevent the use of the weights and 
measures of the metric system, authorized by congress of the United 
States as the same appears in section thirty-five hundred and sixty- 
nine and thirty-five hundred and seventy of the Revised Statutes of 
the United States. 

Sec. 4429. [By what standard contracts construed.] All con- 
tracts hereafter made within this state for work to be done, or for 
anything to be sold by weight or measure, shall be taken and con- 
strued according to the standards hereby adopted as the standards of 
this state. 

See. 4430. [Yard, the standard measure of length and surface; 
subdivisions of yard.] The unit of standard measure of length and 
surface, from which all other measures of extension, whether they be 



100 LAWS RELATING TO AGRICULTURE. , . 

lineal, superficial, or solid, shall be derived and ascertained, is the 
standard yard, now in possession of the secretary of state, and fur- 
nished by the government of the United States. The yard shall be 
divided into three equal parts, called feet, and each foot into twelve 
equal parts, called inches. For the measure of cloths and other com- 
modities commonly sold by the yard, it may be divided into halves, 
quarters, eighths and sixteenths. 

Sec. 4431. [Contents of a rod, pole, or perch; of a mile; of a 
chain.] The rod, pole, or perch shall contain five and a half such 
yards ; the mile, one thousand seven hundred and sixty such yards ; the 
chain for measuring land shall be twenty-two yards long, and shall 
be divided into one hundred equal parts called links. 

Sec. 4432. [Contents of an acre.] The acre for land measure 
shall be measured horizontally, and contain ten square chains, and shall 
be equivalent in area to a rectangle sixteen rods in length and ten in 
breadth ; six hundred and forty such acres being contained in a square 
mile. 

Sec. 4433. [Contents of perch of mason work or stone.] The 

perch of mason work or stone shall consist of twenty-five cubic feet. 

Sec. 4434. [Contents of a cord of fire-wood or tan-bark.] The 

standard measure of a cord of fire-wood or tan-bark, shall be one hun- 
dred and twenty-eight cubic feet well stowed and packed. 

Sec. 4435. [Standard weights.] The units or standards of 
weight from which all other weights shall be derived [and] ascertained 
shall be the standard avoirdupois and troy weights furnished this state 
by the United States government. 

Sec. 4436. [Definition of a pound and its subdivision; ton.] The 

avoirdupois pound, which bears to the troy pound the ratio of seven 
thousand to five thousand seven hundred and sixty,- shall be divided 
into sixteen equal parts called ounces ; the hundred weight except of 
pig iron or iron ore shall consist of one hundred avoirdupois pounds, 
and twenty hundred weight shall constitute a ton ; and the troy ounce 
shall be equal to the twelfth part of a troy pound. 

Sec. 4437. [Gallon the standard measure for liquids.] The unit 
or standard measure of capacity for liquids from which all other meas- 
ures of liquids shall be derived and ascertained, shall be the standard 
gallon, and its parts, furnished this state by the government of the 
United States. 

Sec. 4438. [Contents of a barrel.] The barrel shall be equal to 
thirty-one and one-half gallons, and two barrels shall constitute a 
hogshead; and barrels for the purpose of containing apples, potatoes, 
onions or any other kind of fruit, produce or vegetables, shall be made 
of staves of seasoned timber, twenty-eight and one-half inches in 
length with cut heads of seventeen and one-eighth inches in diameter 
and shall measure at the bulge not less than sixty-six inches in cir- 
cumference, outside measure. 



LAWS RELATING TO AGRICULTURE. 101 

Sec. 4438a. [Branding.] Such barrel shall be known as ''the 
standard barrel," and on the outside of one or more of the staves of 
each and every such barrel there shall be stamped or branded the 
words "state of Ohio, standard," and the name of the cooper or man- 
ufacturer of such barrel, and the name of the city or town the nearest 
to which the cooper-shop or place of business of such manufacturer is 
located. 

Sec. 4439. [Half-bushel the standard measure for substances not 
liquids.] The unit or standard measure of capacity for substances 
not being liquids, from which all other measures of such substances 
shall be derived and ascertained, shall be the standard half bushel 
furnished this state by the government of the United States, the in- 
terior diameter of which is thirteen inches and thirty-nine fortieths of 
an inch, and the depth is seven inches and one twenty-fourth of an 
inch. 1 

Sec. 4439-1. [Unlawful to use other than standard half-bushel 
in testing milling weight, etc.] It shall be unlawful for any person, 
commission-merchant, miller, dealer, grain-inspector, corporation, 
company, firm or association, either by himself, itself, officer, agent, or 
employe, when purchasing or receiving in barter or exchange for flour 
or otherwise, from the original producer, his agent or employe, to use 
for the purpose of testing or determining the weight, grade, milling 
or market value of wheat, any measure other than the standard half- 
bushel furnished this state by the United States ; and the use of any 
fractional part of said standard half-bushel measure for such purpose 
will be a violation of this section. 

Sec. 4439-2. [Penalty; disposition of fines.] Any person, com- 
mission-merchant, miller, dealer, grain-inspector, corporation, com- 
pany, firm or association, or any person acting as officer, agent or 
employe, found guilty of a violation of section I of this act, (4439-1) 
shall be fined not less than twenty-five dollars nor more than one 
hundred dollars or imprisoned in the county jail not more than thirty 
days, or both, at the discretion of the court. Fines collected for viola- 
tion of this act shall be paid into the county treasury to the credit of 
the county fund. 

Sec. 4439-3. [Duty of prosecuting attorney; fee.] It shall be 
the duty of the prosecuting attorneys to see that this act is enforced in 
their respective counties ; and for each conviction of violation thereof 
they shall be entitled to a fee of twenty dollars, to be paid out of the 
county funds upon the allowance of the commissioners of the county. 

Sec. 4440. [Sub-divisions of half bushel.] The peck, half-peck, 
quarter-peck, quart, and pint measure for measuring commodities 
which are not liquids, shall be derived from the half bushel by dividing 
that and each successive measure by two. 

Sec. 4441. [Heaped measure.] Articles usually sold by heaped 
measure shall be heaped up in a conical form as high as the articles to 
be measured will admit, 



102 LAWS RELATING TO AGRICULTURE. 

Sec. 4442. [How dry commodities measured.] Measures for 
measuring dry commodities not usually heaped shall be struck with a 
straight stick, with the edges rounded; and all commodities, not 
liquids, when sold by the gallon or less, shall be sold by dry measure. 

Sec. 4442-1. [Legal measures for small fruits; penalty.] The 

measure used in the selling of or vending berries and all other small 
fruits shall be the standard dry measure bushel and fractions thereof, 
and any person vending or selling such fruits and using a measure 
other than the standard dry measure, shall be fined not less than ten 
nor more than fifty dollars. 

Sec. 4443. [Standard weight of bushel.] A bushel of the respec- 
tive articles hereinafter. mentioned shall mean the amount of weight, 
avoirdupois, in this section specified, viz : 

Of wheat, sixty pounds; 

Of rye, fifty-six pounds; 

Of oats, thirty-two pounds; 

Of clover seed, sixty pounds ; 

Of timothy seed, forty-five pounds ; 

Of hemp seed, forty-four pounds; 

Of millet seed, fifty pounds; 

Of buckwheat, fifty pounds; 

Of beans, sixty pounds ; 

Of peas, sixty pounds ; 

Of hominy, sixty pounds ; 

Of Irish potatoes, sixty pounds ; 

Of sweet potatoes, fifty pounds; 

Of onions, fifty-five pounds ; 

Of dried peaches, thirty-three pounds ; 

Of dried apples, twenty-four pounds ; 

Of flax seed, fifty-six pounds; 

Of barley, forty-eight pounds ; 

Of malt, thirty-four pounds ; 

Of Hungarian grass seed, fifty pounds ; 

Of lime, seventy pounds ; 

Of coke, forty pounds ; 

Of bituminous coal, eighty pounds ; 

Of cannel coal, seventy pounds ; 

Of corn, shelled, fifty-six pounds ; 

Of corn in the ear, sixty-eight pounds; 

Of pop-corn in the ear, forty-two pounds ; 

Of tomatoes, fifty-six pounds; 

Of apples, fifty pounds ; 

Of peaches, forty-eight pounds ; 

Of turnips, sixty pounds ; 

Of carrots, fifty pounds ; 

Of beets, fifty-six pounds. 

Sec. 4444. [Contents of bushel for measuring stone coal and 
lime.] The standard bushel of stone coal, coke, or unslaked lime, 
shall contain twenty-six hundred and eight-eight cubic inches; and 
the lawful measure for measuring such articles shall contain two 
bushels, and be of the following interior dimensions ; twenty-four in- 



LAWS RELATING TO AGRICULTURE. 103 

I 

ches diameter at the top, twenty inches at the bottom, and fourteen and 
one-tenth inches deep. 

Sec. 4444<7. [Standard of measurement for bushel of charcoal.] 

The standard of measurement for a bushel of charcoal shall be twenty- 
seven hundred and forty-eight (2748) cubic inches. 

Sec. 4445. [When coal may be sold by weight and when by 
measurement.] Where facilities can be had, all sales of coal shall be 
by weight; and two thousand pounds avoirdupois shall constitute a 
ton thereof; but where coal cannot be weighed it may be sold by 
measurement. 

Sec. 4446. [Liability of person selling coal in violation of pro- 
visions.] Whoever sells stone coal in violation of the provisions of 
this chapter shall be liable to the person, to whom the coal is sold and 
delivered in treble damages, to be collected in a civil action before any 
court of competent jurisdiction ; if the defendant in such action does 
not reside in the county where the mine is located, service may be had 
upon him by copy of the summons left at his place of business ; and 
any judgment recovered in such case shall be a lien upon all property 
of the defendant in the county from the day of service ; but this section 
shall not apply to any person or corporation mining or selling less than 
fifteen thousand bushels of coal annually. 

MILLS-TOLLS, ETC r 

Sec. 4371. [Rates of toll.] The owner or occupier of a grist-mill, 
may, if a water or steam mill, take for toll the one-tenth part of wheat, 
rye, or other grain, ground and bolted, and the one-twelfth part of all 
rye, malt or buckwheat, ground or chopped only; and one-eighth 
part of all corn ground in such mill; if a horse-mill, and the proprietor 
thereof furnish the horses or team, he may take for toll one-fourth 
part of all grain ground, or ground or bolted, otherwise he shall be 
entitled only to the one-eighth part thereof. Any owner or occupier 
of a grist-mill or exchange store who refuses to return the product 
of a grist of wheat ground less lawful toll, shall, in lieu thereof, return 
to his customers merchantable flour, shorts and bran for every bushel 
of merchantable wheat delivered to him as follows:. For every bushel 
of merchantable wheat, weighing sixty or more pounds to the meas- 
ured bushel, thirty-six pounds of No. one family flour and fourteen 
pounds of shorts and bran ; for every bushel of merchantable wheat 
weighing less than sixty pounds and not less than fifty-nine pounds 
to the measured bushel, thirty-five pounds of No. one family flour and 
fourteen pounds of shorts and bran ; for every bushel of merchantable 
wheat weighing fifty-eight pounds to the measured bushel, thirty-four 
pounds of No. one family flour, and fourteen pounds of shorts and 
bran. For every bushel of merchantable wheat weighing fifty-seven 
pounds to the measured bushel, thirty-three pounds of No. one family 
flour, and fourteen pounds of bran. 

Sec. 4372. [Responsibility of miller for safe-keeping of grain.] 

The owner or occupier of any such mill shall be accountable for the 
safe-keeping of all grain received therein for the purpose of being 






104 LAWS RELATING TO AGRICULTURE. 

ground, and shall deliver the same when ground, or ground and 
bolted, as the case may be, with the bags or casks which were delivered 
in the mill with the grain, to the owner, when called for, if such bags 
or casks, left as aforesaid, are distinctly marked with the christian and 
surname of the owner thereof; but nothing herein contained shall be 
so construed as to- charge or make accountable any owner or occupier 
of any mill, for the loss of any grain, bags, [or] casks, happening by 
robbery, fire or other accident, without the fault or neglect of such 
owner or occupier, or that of any miller employed by such owner or 
occupier. 

Sec. 4373. [Penalty for taking unlawful toll.] Whoever takes a 
greater proportionate quantity of toll than is hereinbefore authorized 
shall be fined for every such offense in any sum not exceeding fifty dol- 
lars nor less than twenty dollars, at the discretion of the court; one- 
half thereof to be paid into the township treasury for school purposes 
and the other half to the person prosecuting; and shall, moreover, be 
liable at the suit of the party injured for damages. 

Sec. 7068. [Taking illegal toll at mill.] Whoever, being the 
owner or occupier of a mill, or his representative, agent, or miller, 
takes a greater proportionate quantity of toll than is allowed by law, 
shall be fined not exceeding twenty dollars, and be liable to the party 
injured in damages. 

TOWNSHIP LIBRARY. 

Sec. 1476. [Question of township library shall be submitted to 
electors.] The trustees of any township, on the petition of twenty 
electors thereof, shall upon four weeks' public notice, published in 
some paper of general circulation in the county, submit to the electors 
of such township, at some general election in November, the ques- 
tion whether there shall be a public library established in such town- 
ship for the use and benefit of the citizens thereof, and those voting 
at such election in favor of such library, shall put upon their ballots 
the words "Public library— yes," and those voting thereat against 
such library, the words, "Public library — no;" and if a majority of the 
electors voting at such election vote in favor thereof, the trustees 
aforesaid have authority, annually, to levy upon all the taxable prop- 
erty of such township a tax not exceeding one mill on fhe dollar val- 
uation thereof, to be applied to the establishment and maintenance 
of a library, as aforesaid, and the procuring of a suitable room or 
rooms for the same. 

Sec. 1477. [Trustees of library; appointment of.] The trustees 
shall appoint three trustees of said library, and confer upon them such 
authority as may be necessary to render any library so established of 
public utility; and said library shall be conducted and cared for under 
such rules and regulations as such library trustees prescribe. 

Sec. 1478. [Transfer of books of school libraries to township li- 
brary.] The library trustees have authority, by and with the consent 
of the local boards of education, or other school officers having the 
same in charge, to receive and place in said library, the books of the 



LAWS RELATING TO AGRICULTURE. 105 

school library, subject at all times to the call of said boards of 
education or other school officers. 

AN ACT 

To authorize township trustees to levy a tax to compensate private company 
or association for maintaining free public library. 

Sec. i. [Township trustees authorized to levy tax to compen- 
sate private company or association for maintaining free public li- 
brary.] That the trustees of each township shall have power to levy 
and collect a tax not exceeding one-half mill on each dollar of the 
taxable property of the township, annually, and to pay the same to a 
private corporation or association maintaining and furnishing a free 
public library for the benefit of the inhabitants of the township as 
and for compensation for the use and maintenance of the same, and 
without change or interference in the organization of such corporation 
or association, requiring the treasurer of such corporation or associa- 
tion to make an annual financial report, setting forth all the money and 
property which has come into its hands during the preceding year, and 
its disposition of the same, together with any recommendation as to its 
future necessities. 

Sec. 2. [County auditor shall certify to township clerk amount 
collected for library purposes; clerk's duty.] That the county auditor 
at each semiannual collection of taxes, where a tax for library pur- 
poses has been levied by the township trustees shall certify the 
amount collected from said levy for library purposes to the township 
clerk; and the township clerk shall forthwith draw his warrant on the 
township treasurer, payable to the treasurer of the library association 
for the amount so certified by the auditor. 

Sec. 3. [Disposition of library property when library ceases to 
provide free public library.] That if at any time such library corpora- 
tion or association ceases to exist or from any reason fails to provide 
a free public library as required by the provisions of this act, the 
books and other property accumulated from the proceeds of the 
levy herein authorized shall become the property of the township 
and be subject to the control of the trustees of the township. (O. L., 
v. 98, p. 47.) 

TOWNSHIP PUBLIC BUILDINGS, 

Sec. 1479. [Question of more expensive hall shall be submitted 
to electors.] In any township in which a town hall, or the removal, 
improvement, or enlarging of a town hall, costing more than is here- 
tofore provided in this chapter, is desired, the trustees may submit 
the question to the electors, and for this purpose shall cause the 
clerk to give notice thereof, and of the estimated cost, by written 
notices, posted up at not less than three public places within the 
township, at least ten days before the election, and at such election 
the electors in favor of such hall, removal, improvement or enlarge- 
ment shall put on their ballots ''Town hall — yes," and those opposed 
"Town hall — no ;" and if a majority of all the ballots cast at the elec- 



106 LAWS RELATING TO AGRICULTURE. 

tion are in the affirmative, the trustees shall levy the necessary tax, but 
not in any year exceeding four mills on the dollar valuation, and such 
tax shall not be levied under such vote for more than seven years ; and 
the trustees may, in anticipation of the collection of taxes, borrow 
money and issue bonds therefor, bearing interest not exceeding seven 
per centum, payable annually, for the whole or any part of the amount 
required. (O. L., v. 97, p. 189.) 

(14800-1.) Sec. 1. [Village and township may jointly enlarge, 
improve or erect public building.] That the electors of an incorpo- 
rated village and the electors of the township in which the village is 
situated, may if both so determine, as hereinafter provided, unite in 
the enlargement, improvement or erection of a public building. 

(14800-2.) Sec. 2. [Application to mayor and township trustees..] 

Whenever the electors of a village and township in which said village 
is situated desire to jointly enlarge, improve or erect a public building, 
application shall be made to the mayor of the village, signed by not 
less than twenty-five resident freeholders of said village, and an 
application shall also be made to the township trustees of said town- 
ship, signed by not less than twenty-five resident freeholders of said 
township, who are not residents of said village. 

(14800-3.) Sec. 3. [Submission of question of tax to a vote.] 

At the next general municipal and township election after said appli- 
cations have been filed with the mayor of said village and trustees of 
said township as provided herein, the question as to whether or not a 
tax shall be levied upon all the property subject to taxation in said vil- 
lage and township for the enlargement, improvement or erection of a 
public building, shall be submitted to the electors of said village and 
said township : Provided, however, that ten days' notice that said 
question will be submitted to the electors, shall be given, by the 
mayor of the village and trustees of the township, in some newspaper 
of general circulation in said village and township ; which notice 
shall state the maximum amount of money proposed to be used in 
the enlargement, improvement or erection of said public building 
and the rate of tax proposed to be levied. 

(14800-4.) Sec. 4. [Two- thirds vote necessary.] If at such 
election two-thirds of the electors of said village and township vot- 
ing, vote in favor of said improvement, the council of said village 
and the trustees of said township shall jointly take such action as is. 
necessary to carry out the improvement contemplated. (O. L., v. 
97, p. 483.) 

TOWNSHIP FREE PUBLIC PARKS. 

(1490-7.) Sec. 1. [Petition for establishment of township free 
public park; appointment of board of park commissioners.] That 
whenever a number of electors in any township, including all muni- 
cipal corporations therein, if anv, equal to or exceeding one-tenth of 
the total vote cast at the general or township election, next preceding 
therein, shall file a petition with the trustees of such township for pro- 
ceedings to establish a free public park for such township, the said 



LAWS RELATING TO AGRICULTURE. 107 

trustees shall certify that fact to the court of common pleas of the 
county in which said township is situated, and said court, or a judge 
thereof, shall appoint a board of park commissioners for such town- 
ship, to consist of three suitable resident freeholders thereof, — one to 
serve for one year, one for two years, and one for three years, from 
and after the second Monday of May succeeding said appointment, 
and thereafter one commissioner annually to serve for three years ; 
and in case any vacancy shall occur or exist in the membership of 
said board by death, resignation, or otherwise, said court shall fill 
such vacancy by appointment for the unexpired term. 

(1490-8.) Sec. 2. [Written report of board as to site and cost 
thereof.] Said board of park commissioners shall call to their assis- 
tance one or more skilled landscape architects, and, if desired, other 
expert advice, as to suitable places for the location of a free public 
park or parks for such township, and they shall make a written re- 
port to the township trustees of their findings and recommendations 
together with an estimate of the cost of the land recommended for 
park purposes ; and they may take options and receive bids from 
owners of land, for park purposes, before filing such written report. 

(1490-9.) Sec. 3. [Submission of question of establishment of 
park.] Upon filing said report, the township trustees shall direct the 
township clerk to give thirty days' notice by posting in five public 
places in the township, and by publication in one or more newspapers 
of general circulation therein, if any, that an election will be held at 
the next general or township election to determine whether a free 
public park shall be established for the township, and also state the 
estimated cost of the land recommended for that purpose; and to file 
written notice with the proper authority, or authorities, having charge 
of the making up or printing of official ballots, that such an election 
will be held, and there shall be printed or written on such ballots, 
"For free public park, yes," or "For free public park, no;" and if a 
majority of the votes cast on that proposition shall be "yes," a free 
public park shall be established for said township ; but if a majority 
of the votes cast on that proposition shall be "no," the board of park, 
commissioners for that township shall be abolished and the township 
trustees shall provide for and pay all proper expenses incurred by 
said board under this act. (O. L., v. 97, p. 411.) 

(1490-10.) Sec. 4. [Board of township park commissioners; 
powers and duties.] When the vote is in favor of establishing a free 
public park in any township, as above provided, the park commission- 
ers appointed under section 1 of this act shall constitute a board, to 
be called the board of township park commissioners, and they shall 
serve without compensation. They shall have power to locate, es- 
tablish, improve and maintain a free public park within and without 
such township, and to accept a conveyance of, purchase, or appropriate 
suitable lands and materials for that purpose, within and without 
the township. It shall be their duty to have careful surveys and plats 
made of the lands acquired for park purposes, and establish per- 
manent monuments of their boundaries ; and such plats, when executed 
according to the law providing for the execution of plats bv corpora- 
tions, shall be admitted to and recorded in the office of the county 



108 LAWS RELATING TO AGRICULTURE. 

recorder, and such record shall be admissible in evidence at all times 
for the purpose of locating and ascertaining the true boundaries of 
such park. (O. L., v. 98, p. 144.) 

(1490-11.) Sec. 5. [Powers and duties of board.] The township 
park commissioners shall devise all plans for the improvement of such 
park, and award all contracts therefor, in the maner now provided by- 
law governing township trustees in awarding contracts for public 
improvements. They shall have power to appoint a guardian for 
such park and all other necessary officers and employes, fix their com- 
pensation and prescribe their duties; to prohibit selling, giving away 
or using as a beverage any intoxicating liquors in said park, to pass 
by-laws, rules and regulations for the government of such park, and 
to protect it from injury and provide for their enforcement by fines 
and penalties ; but such by-laws, rules and regulations shall not conflict 
with the constitution and laws of the state. 

(1490-12.) Sec. 6. [May condemn land or materials.] When 
the township park commissioners cannot procure lands or materials 
desired for park purposes by deed or gift, or purchase upon terms 
they~regard reasonable, they may appropriate lands or materials for 
that purpose by proceedings in accordance with the provisions of 
law regulating the appropriation of private property by municipal 
corporations. If it is desired at any time to acquire additional 
grounds for enlarging such park and improving the same, the town- 
ship park commissioners are hereby empowered to accept a deed of 
gift, purchase or appropriate lands therefor, in the manner hereinbe- 
fore provided for the original establishment of such park, and they 
may improve the same ; and whenever gravel or other material is 
desired for the construction, improvement or repair of any roadway or 
other improvement herein authorized, the township park commission- 
ers are empowered to appropriate and take the same, and for this 
purpose they may go outside of the township limits. 

(1490-13.) Sec. 7. [Tax levy to defray expenses; submission of 
question of increased levy.] To defray the expenses of purchasing, 
appropriating and improving lands for park purposes and maintaining 
the same as a free public park, the township park commissioners may 
levy, annually, a sufficient tax for that purpose, not exceeding one 
mill on each dollar of valuation on all real and personal property, 
including property within any municipal corporation within the limits 
of such township, over and- above all other taxes and limitations 
thereon, now authorized by law, unless the question of increasing 
such levy shall be submitted to and approved by a vote of the elec- 
tors of such township, at any general or township election, which 
vote shall be taken on the order of the township park commissioners, 
specifying the additional levy they desire to make and the purpose 
for which it is desired ; on the making of such order the township clerk 
shall give notice at least thirty days before said election that the vote 
will be taken, by posting printed notices therein at least five public 
places, and by publication in not less than one newspaper of general 
circulation therein, if any; and the electors who favor the proposition 
shall have printed or written on their ballot " park improve- 
ment (naming it)^ — yes;" and those opposed to the proposition shall 



LAWS RELATING TO AGRICULTURE. 109 

have printed or written on their ballots ". park improvement 

(naming it) — no;" and if a majority of all the votes cast upon the 
proposition is in favor of it, the township park commissioners may 
levy such additional tax. 

(1490-14.) Sec. 8. [Collection of tax; bonds may be issued.] 
Whenever any tax is levied as herein authorized, the township park 
commissioners shall cause the same to be certified to the county au- 
ditor for collection, and the same shall be collected as other taxes ; 
and for the purpose of raising money to pay for and improve such 
park, the township park commissioners may issue the bonds of. such 
township, to be denominated township park bonds, in any sum not 
in excess of the taxes herein authorized to be levied. 

(1490-15.) Sec. 9. [Annual report of financial transactions.] 

Said commissioners shall make out, or cause to be made out, an an- 
nual report for the public, showing in detail all financial transactions 
of the board, which report shall be audited by a committee of two 
competent accountants to be appointed by the court of common pleas, 
and said auditing committee shall report a summary of their findings 
to said court for its approval, which summary, when approved, shall 
be entered upon the records of said court, said auditing committee and 
costs of records in common pleas court to be paid by the park board. 

(1490-16.) Sec. 10. [Title of park property acquired by de facto 
board to pass to board herein provided.] The title to all park prop- 
erty and all money acquired for any township by any de facto park 
board shall pass to and be vested in the park board herein provided for, 
in trust for park purposes ; and all obligations incurred by any de facto 
township park board under the provisions of any former act of the 
general assembly of the state of Ohio, whether constitutional or other- 
wise, shall become the lawful obligations of the park board provided 
for by this act, and of the township receiving the benefit of such 
obligations. 

(1490-17.) Sec. 11. [Repeals, etc.] That an act entitled "An 
act to authorize any township having a population at the last federal 
census, or which at any subsequent federal census may have a pop- 
ulation of not less than thirty-five thousand, nor more than thirty-six 
thousand, to establish a free public park," passed January 23, 1894, 
shall be and the same is hereby repealed; but this appeal shall not 
extend to or in any way affect any de facto board of township park 
commissioners until a board of township park commissioners is or- 
ganized under the provisions of this act. (O. L., v. 97, p. 412.) 

FENCES. 

Sec. 4239. [How expenses of making partition fences adjusted.] 
That the owners of adjoining lands shall build, keep up and maintain 
in good repair all partition fences between them in equal shares, un- 
less otherwise agreed upon between them, which agreement must be 
in writing and witnessed by two persons; but nothing in this chapter 
contained shall apply to the enclosure of lots in municipal corpora- 



110 LAWS RELATING TO AGRICULTURE. 

lions, or to the inclosure of lands laid out into lots outside of municipal 
corporations; but nothing contained in this act shall be construed to 
affect sections 3324, 3325 and 3326 of the Revised Statutes of Ohio. 
(O. L, v. 97, p. 138.) 

Sec. 4239a. [Hedge or barbed wire partition fence forbidden.] 

No person or corporation shall be permitted to have any willow 
fence or any other live fence, except that known as the osage or black- 
thorn hedge, or construct or cause to be constructed a partition fence 
from barbed wire unless written consent of the adjoining owner be 
first obtained. 

Provided that consent shall not be necessary to the use of not 
more than two barbed wires, if the lower one of said barbed wires be 
not less than forty-eight inches from the ground, and be placed on 
the top of a fence of other material than barbed wire. 

[Penalty.] Whoever constructs or causes to be constructed a 
barbed wire fence without the consent of the adjoining owner, other 
than as above provided, shall be fined not more than fifty dollars nor 
less than five dollars, and the continued violation of this offense for 
every thirty days shall constitute a separate offense. (O. L., v. 97, 
P- J 39-) 

(4240-1.) Sec. 1. [Requiring the cutting of briars, thistles, etc., 
along partition fences.] It shall be the duty of all owners of land, 
adjacent to any line or partition fence, to keep all brush, briars, this- 
tles or other noxious weeds, cut in the fence corners and on his side 
a strip four feet wide along the line of said partition fence, provided 
that nothing in this section shall be considered to affect the planting 
of vines or trees for use. (O. L., v. 97, p. 141.) 

(4240-2.) Sec. 2. [Notice to land owner failing to cut noxious 
weeds, and duties of township trustees in the premises.] If the owner 
or tenant occupying said land, neglects or refuse to cut, or have cut, 
said brush, briars, thistles or other noxious weeds, as provided in 
the foregoing sections, then any owner or occupant of land abutting 
on such line, or partition fence, who may feel aggrieved thereby, may, 
after having given the owner or tenant occupying such land, notice 
of not less than ten days to cut or remove such brush, briars, thistles 
or other noxious weeds, (and if such brush, briars, thistles or other 
noxious weeds, are not cut or removed at the expiration of said ten 
days) notify the trustees of the township in which such land is sit- 
uated, whose duty it shall be at once to view said premises and if 
they are satisfied that there is just cause of complaint, they shall pro- 
ceed to cause such brush, briars, thistles or other noxious weeds to be 
cut, in such manner as they may consider best, either by letting 
the work to the lowest bidder, or by entering into a private contract, 
to have- same performed. (O. L., v. 97, p. 141.) 

(4240-3.) Sec. 3. [Cost of work; how collected and paid.] As 

soon as the work shall be completed to the satisfaction of the trustees, 
they shall certify to the auditor of the county, the amount of the cost 
of such labor, together with the expense thereto attached, with a 
correct description of the land upon which labor has been performed, 



LAWS RELATING TO AGRICULTURE. Ill 

and the auditor shall place the same upon the tax duplicate to be 
collected the same as other taxes are collected, and the county treas- 
urer shall pay the amount, when collected, to the township treas- 
urer as other funds, specifying same. (O. L., v. 97, p. 141.) 

(4240-4.) Sec. 4. [Anticipating such cost.] The township trus- 
tees may anticipate the collection and refunding the cost of said labor 
to the township treasurer for that amount, payable out of any town- 
ship funds that may be in his hands. (O. L., v. 97, p. 141.) 

(4240-5.) Sec. 5. [Trustees' fees.] The township trustees shall 
be entitled to one dollar and fifty cents ($1.50) per day for their 
services under this act, and the township clerk shall be allowed the 
same fees for making out, filing and recording papers, as are allowed 
by law for similar services. (O. L., v. 97, p. 141.) 

Sec. 4242. [Duty and power of township trustees in controver- 
sies over partition fences.] If any party neglects to build, or repair 
a partition fence, or the portion thereof which he ought to build, or 
maintain, the aggrieved party may complain to the trustees of the 
township in which said land or fence is located, and the trustees 
shall, after not less than ten days, written notice to all adjoining land 
owners, of the time and place of meeting, proceed to view the fence, 
or premises where the fence is to be built, and assign in writing, to 
each party his equal share thereof, to be by him built, constructed or 
kept in repair so as to be in all respects a good and substantial fence. 
The cost due the clerk and trustees of the proceedings of making such 
assignment, shall be taxed equally against each land owner, and if not 
paid to the township clerk within thirty days from the date of its 
assignment, shall be certified by the township clerk to the county 
auditor, with a correct description of all lands, and the amount 
charged against each portion thereof, and the auditor shall place 
the same upon the duplicate to be collected as other taxes are col- 
lected, and the county treasurer shall pay the amount when col- 
lected, to the township treasurer as other funds, specifying same. (Q. 
L., v. 97, 139.) 

Sec. 4243. [Building of partition fence and collection and pay- 
ment of cost when either party fails to comply with assignment.] If 

either party fail to build the portion of fence assigned to him, the trus- 
tees shall, upon the application of the aggrieved party, sell the con- 
tract to the lowest responsible bidder, to furnish the labor and mate- 
rial and build such fence according to the specifications to be pro- 
posed by the trustees, after advertising the same for a period of ten 
days by setting up posters in three public places in the township. As 
soon as the work shall be completed in conformity with the sale, and 
to the satisfaction of the trustees, they shall immediately certify the 
costs to the township clerk and if not paid within thirty days, the 
township clerk shall certify the same to the auditor of the county, 
the amount such fence sold for, adding the proportionate amount 
of cost and expense of such sale, together with a correct description 
of each piece of land upon which same is assessed, and the auditor 
shall place the same upon the tax duplicate to be collected as other 
taxes are collected, and the trustees shall at the same time certify the 
amount due each person for building such fence and also the amount 



112 LAWS RELATING TO AGRlCtJLTURE. 

due each trustee and clerk for their services rendered in such pro- 
ceedings, and the auditor may anticipate the collections of same and 
draw orders for the payment of such amount out of the county treas- 
ury. (O. L., v. 97, p. '139.) 

Sec. 4243a. [County recorder shall keep a "Partition Fence Rec- 
ord."] The county recorder shall keep a book known as "Partition 
Fence Record" and all divisions of partition fences made under this 
act shall be recorded in said book, and shall be final between the 
parties thereto and all successive owners thereafter. Until said 
divisions become unequal by reason of a sale or division of said land 
or a portion thereof and in such case a new division may be had and 
in all cases if one adjoining land owner own all the line fence, the 
trustee may adjudge the value of the portion to be assigned the 
other owner, which amount may be recovered by the owner of said 
fence with cost of suit. The report of the assignment of partition 
fences, under this act, shall be made and certified to the county re- 
corder by the township clerk and the cost of the record thereof, shall 
be taxed against the parties with the other cost. (O. L., v. 97, p. 140.) 

Sec. 4243Z?. [Meaning of term "owner."] In the provision of 
this chapter the terms "owner" shall apply to the owner of said land in 
fee simple, of estates for life, and of rights of way, while used by the 
owners thereof as farm outlets, but these proceedings shall not bind 
the said owners unless notified as provided in section 4243c of the 
Revised Statutes of Ohio. (O. L., v. 98, p. 149.) 

Sec. 4243c. [Notice; how served.] If the owner is a resident 
of the township, notice must be made in writing and by personal ser- 
vice or leaving a copy at the last known place of residence. If a non- 
resident of a township, notice may be made by mailing a notice by 
registered letter to the owner or authorized agent thereof, at his last 
known post-office address and the registered receipt shall be sufficient 
proof of the mailing and receipt of said notice. (O. L., v. 97, p. 140.) 

Sec. 4243J. [When division line is in a stream of water.] When 
the division line of adjacent land owners is in a stream of water, along 
which division line it is impractical to construct and maintain a par- 
tition fence, the trustees shall assign to each land owner his portion 
of said fence upon his own land and the parts so assigned each land 
owner, shall be built and maintained upon his own premises along the 
bank of said stream, and the parts of the fence so assigned shall be 
joined together by each land owner constructing a fence or water gate 
from the end of said fence so assigned to him nearest to the end so as- 
signed to the other land owner to the division line in said stream of 
water ; and for the purpose of determining the liability of one of said 
land owners by reason of the trespass of domestic animals upon the 
lands of the other, such fence shall be considered and held to be a 
partition fence. (O. L., v. 97, p. 140.) 

Sec. 4244. [When and how reassignment may be had.] At any 

time after the expiration of one year from the date of such assignment, 
any party interested in such partition fence who considers himself 
aggrieved by the proceedings of the trustees in making the assign- 



LAWS RELATING TO AGRICULTURE. 113 

ment, may apply to the trustees for a re-examination and re-assign- 
ment; and the same notice shall be given and proceedings had as pro- 
vided for in section forty-two hundred and forty-two and such re-as- 
signment shall be recorded, and copies thereof made and served, and it 
shall have the same binding force, operation, and effect as the assign- 
ment in the said section provided for. 

Sec. 4245. [Jurisdiction of trustees where partition fence on 
township line.] When a partition fence in controversy is on a town- 
ship or county line, the trustees of the adjacent township shall have 
concurrent jurisdiction and the trustees of either of such townships 
may be called to perform the duties in this chapter imposed in regard 
to partition fences ; and either party may, if he think proper, call also 
the trustees of the other township, in which case they shall act jointly, 
but the record shall be made in both townships. 

Sec. 4246. [Where suit to be brought relating to fence on town- 
ship or county line.] If a" partition fence, or an inclosure, or any part 
thereof, is on the line of a township, or on the line of or in two or 
more townships of the same or different counties, all suits prosecuted 
under the provisions of this chapter may be brought before a justice 
of the peace in the township in which the defendant resides, or if there 
be no justice residing therein or he is interested in the event of the 
suit, or stands in the relation of father, father-in-law, son, son-in-law, 
brother, brother-in-law, guardian, ward, uncle, nephew, or cousin to 
either of the parties, the action may be brought in either of such town- 
ships ; and in such case, the justice before whom such action is" brought 
shall issue process against the defendant, directed to any constable of 
the township in which such justice resides, which process the constable 
shall be authorized to serve and return, and the defendant shall be 
compelled to answer thereto, and such other proceedings shall be had 
therein as if the defendant resided in the township where the action 
was commenced. 

Sec. 4247. [Where suit to be brought when fence wholly within 
township.] When the fence or inclosure is situate wholly within one 
township, all suits brought under this chapter before a justice of the 
peace shall be brought in the township in which the defendant re- 
sides, unless the case comes within one of the exceptions specified in 
the next preceding section, in which case suit may be brought in any 
adjoining township of the same county, and process shall be issued, 
served, and returned, and further proceedings had thereon, as pro- 
vided for in said section. 

Sec. 4248. [Remedies provided not cumulative.] If a person 
commence proceedings under this chapter to obtain redress, as herein 
provided, and prosecute the same to final judgment, he shall be barred 
of his action at common law for the same injury; and if he sue at com- 
mon law, and prosecute such suit to final judgment, he shall, in like 
manner, be barred of his remedy for the same injury under this 
chapter. 

Sec. 4249. [Penalty against trustee for neglect.] A trustee who 
refuses or neglects to perform any duty imposed on him by law, may 

8— F. H. B. 



114 LAWS RELATING TO AGRICULTURE. 

be fined in any sum not less than five nor more than fifty dollars, to 
be recovered by civil action, in the name of the state ; and the amount 
recovered shall be paid into the township treasury for township pur- 
poses. 

Sec. 4250. [How damage by trespassing animals, on account of 
failure to repair partition fence, recovered.] If a horse, mule, or ass, 
or any neat cattle, hog, sheep, or goat injure or trespass upon the land 
or inclosure of any person bounded by a partition fence, in conse- 
quence of the failure or neglect of the other party to keep up and 
maintain in good repair his part or share of such partition fence, the 
person so failing or neglecting shall forfeit and pay to the person in- 
jured the amount of all damages sustained thereby, which shall be as- 
sessed, under oath, by three judicious, disinterested men, residents of 
the county, to be appointed by a justice of the peace of the township 
in which the premises are situate; and if the same are not paid after 
demand therefor, the amount thereof may be recovered in an action 
before any court having competent jurisdiction, with costs of suits; 
and in all suits commenced under the provisions of this section, such 
assessment, reduced to writing, and subscribed by the persons making 
the same, shall be received as prima facie evidence of the real 
amount of damages sustained by the party aggrieved, reserving to the 
court before which the cause is tried the power of setting the same 
aside for irregularity, or other good cause, and the animal or animals 
so trespassing shall not be exempt from execution issued on a judg- 
ment rendered in any court, or before any officer having jurisdiction, 
for damages occasioned by such trespass. 

Sec. 4251. [Liability of owner of trespassing animal for dam- 
ages.] If any horse, mule, ass, neat cattle, hog, sheep, or goat, run- 
ning at large, break into or enter any inclosure, other than inclosures 
of railroads, the owner of any such animal shall be liable to the owner 
or occupant of such inclosure for all damages occasioned thereby; and 
the animal so breaking into or entering any inclosure shall not be ex- 
empted from execution issued on a judgment rendered in any court, 
or before an officer having jurisdiction, for damages occasioned by 
such trespass. 

Sec. 4252. [Hedge fences; protection fence for may be built.] 
An owner or occupant of land bordering upon any public road or 
highway, except a street or alley in a municipal corporation, or 
through which any public road or highway passes, may set, plant, and 
cultivate a hedge or live fence, precisely on the line of the road or 
public highway, and place on the margin of such road a protection 
fence, not to occupy more than six feet of the margin or edge of the 
road; and such protection fence, when placed opposite any live fence 
or hedge actually set or planted, shall be permitted by the road su- 
perintendents, and -all other persons, to remain for the term of seven 
years ; but the trustees of any township may grant permission in writ- 
ing to the owner of any hedge or live fence, to continue such protec- 
tion fence any length of time which they may deem necessary. (O. 
L., v. 98, p. 335.) 



LAWS RELATING TO AGRICULTURE. 115 

Sec. 4253. [Size of hedge fence restricted.] The owner of any 
hedge fence on a partition line, or along a public highway, shall not 
permit such fence to remain of a greater height or width than six feet, 
for a longer period than six months, or leave the cuttings from the 
same on the public highway for a greater length of time than ten days. 

Sec. 4254. [Penalty for violation of the provisions with respect 
to hedge fence.] A person who violates the preceding section shall be 
liable to the person damaged in a sum not exceeding twenty cents 
per rod of such hedge fence ; and if the hedge is along a public high- 
way, he shall be liable to the trustees of the township in which it 
is situate, in a sum not exceeding fifteen cents per rod of such fence ; 
but before judgment is rendered it shall appear, by affidavit, that the 
party complained against has had at least twenty days' notice before 
the beginning of the suit, from the party complaining, that such hedge 
is unlawful, and that unless cut to a proper height within twenty days 
suit will be commenced for such violation. 

Sec. 4255. [Where actions with respect to hedge fence to be 
brought.] All actions under the two next preceding sections shall 
be brought upon the complaint of the person damaged, before a justice 
of the peace of the township in which the hedge is situate, or if the 
hedge is along a public highway, the complaint shall be made by the 
road superintendent of the road in whose district the hedge is sit- 
uate. (O. L., v. 98, p. 335.) 

(4255-1.) Sec. 1. [Land owner may construct fence from side 
of road to end of sides of bridges or culverts.] That any land owner 
along or through whose lands a state or county road is now or may 
hereafter be laid out and established, is authorized after permission 
and under the directions of the county commissioners of the proper 
county, to build and construct fences within said roads leading from 
the sides thereof to and along the approaches to, and to the ends of 
the sides of all bridges and culverts now constructed over streams 
and ravines in said highways, or that may hereafter be constructed 
therein. 

[Shall not acquire title.] Provided further that said land owners 
shall not acquire title by prescription or otherwise to any portion or 
portions of said highways becoming a part of the enclosures of such 
land owner, by reason of the construction of the fences as aforesaid ; 
and such land owner shall promptly, upon the order of said county 
commissioners, remove such fences permitted and directed to be con- 
structed in said highways as aforesaid, and no road supervisor shall 
remove any of such fences placed in said highways, by the direction 
of said county commissioners, as aforesaid, except upon permission 
first obtained from said county commissioners and said supervisor 
shall in no way interfere with any of such fences further than is 
necessary to open ditches and improve the roadbed of said highways. 

(4255-2.) Sec. 2. [Barbed wire not to be used.] No barbed 

wire shall be used in the construction of said fence or fences ; and the 
road supervisor is authorized and empowered to remove any barbed 
wire so used. (O. L., v. 97, p. 92.) 



116 LAWS RELATING TO AGRICULTURE. 

BRIDGES. 

Sec. 860. [Commissioners shall construct and repair bridges, 
except, etc.; demand of portion of bridge tax in Hamilton Co.] The 

commissioners shall construct and keep in repair all necessary bridges 
over streams and public canals on all state and county roads, free turn- 
pikes, improved roads, abandoned turnpikes and plank roads in com- 
mon public use, except only such bridges as are wholly in such cities 
and villages having by law the right to demand, and do demand and 
receive part of the bridge fund levied upon property within the same; 
and when they do not demand and receive said portion of bridge tax 
the commissioners shall construct and keep in repair all bridges in 
such cities and villages. Provided, that in all cases, except counties 
containing a city of the first grade of the first class, the granting of 
the demand, made by any city or village for its portion of the bridge 
tax, shall be optional with the said board of commissioners. 

Sec. 861. [The approaches to such bridges shall be made by 
the commissioners, except, etc.] The commissioners shall also con- 
struct and keep in repair, approaches or ways to all bridges named in 
the preceding section, except as therein excepted, and also, except that 
when the cost of the construction or repair of the approaches or way to 
any such bridge does not exceed fifty dollars, such construction or re- 
pair shall be done by the township trustees. 

Sec. 862. [Commissioners of two or more counties may build 
bridges near county line, and keep them in repair jointly.] When it 

becomes necessary for the public convenience, to bridge any stream 
of water which is on or near the lines of two or more counties, which 
counties are traversed by, or lie on or near the road or roads on which 
such bridge is needed, the commissioners of such counties interested, 
may build, or authorize the building of, such bridge, jointly, to be paid 
for, with the approaches thereto, in proportion as the commissioners 
agree ; and the expense of keeping such bridge in repair, shall be paid 
by the counties interested, in the same proportion as the expense 
of building such bridge was paid by said counties. 

Sec. 863. [Commissioners shall bring suits in certain cases for 
injuries to bridges, roads, and buildings.] Where a bridge or [on] 
any state or county road, or any public building, the property of or 
under the control or supervision of any county, is injured or destroyed, 
or when any state or county road or public highway has been injured 
or impaired by placing or continuing therein, without lawful authority, 
any obstruction, or by the changing of the h"ne, filling up or digging 
out of the bed thereof, or in any manner rendering the same less con- 
venient or useful than it had been previously, by any person or corpora- 
tion, such person or corporation shall be subject to an action for dam- 
ages ; and the board of commissioners of the proper county is author- 
ized to sue for and recover of such person or corporation so causing 
or having caused such injury or impairment, such damages as have 
accrued by reason thereof, or such as are necessary to remove the ob- 
struction or repair the injury; but in case the county commissioners 
shall neglect, fail or refuse to bring such action for ten days after being 
petitioned so to do by at least ten owners of property adjoining such 



LAWS RELATING TO AGRICULTURE. 117 

county road or living within one mile of such bridge or public build- 
ing, then any one or more of such owners of property shall have the 
right and are hereby authorized to bring suit in the name of the prose- 
cuting attorney of the county in which such property is situated, and 
recover of such person or corporation so causing or having caused such 
injury or impairment, such damages as have accrued by reason there- 
of, or such as are necessary to remove the obstruction or repair the 
injury; and the money so recovered shall, when so collected by the 
proper officer, be paid into the treasury of the proper county and 
shall be appropriated by the commissioners thereof in repairing such 
bridge, building or road, or removing such obstruction, as the case 
may be, or to reimburse the county for expenditures in that behalf; 
the court may, in case of a recovery, make such order as is deemed 
necessary to repair the injury or remove the obstruction complained 
of; and the statute of limitations shall not run in favor of any per- 
son or corporation committing any acts, injuries or obstructions con- 
cerning any such road or public highway. 

Sec. 864. [A bridge to replace one destroyed may be located 
elsewhere.] In rebuilding a bridge destroyed or injured by flood or 
fire, the commissioners may select a new site for the bridge; but 
before the change is made, or any contract for that purpose entered 
into, the commissioners shall give at least twenty days' notice of the 
time when the question of change will be considered, and on the 
hearing, all persons interested may present their views and wishes 
to the board, either by petition, remonstrance, or orally. 

Sec. 865. [Authority for straightening creeks or watercourses.] 

The commissioners may cause any creek or water-course to be 
straightened or cleaned out for the protection of any bridge or road 
within their control. • 

Sec. 866. [Petition shall be first filed therefor, and what it shall 
contain.] Before the commissioners proceed to straighten or clean out 
any creek or water-course, there must be filed with the county 
auditor of such county a petition, signed by one or more tax-payers 
of the county, setting forth the benefits to be derived from straighten- 
ing or cleaning out said creek or water-course, the starting point and 
terminus, with a description of said creek or water-course, and an 
estimate of cost. to be incurred to complete the work, and the auditor 
shall, at the next regular or called meeting of the commissioners, 
notify them of the filing of the petition. 

Sec. 867. [Viewer shall be appointed, who shall report.] The 

commissioners upon receiving said petition shall forthwith appoint a 
competent engineer, resident of the county, who shall go upon the line 
of said creek or water-course, and examine the same carefully, and 
make his report to the county auditor in writing, stating whether he 
deems the straightening or cleaning out of said creek or water-course, 
will be beneficial for the protection of any bridge, state, or county 
road, or other road in control of the commissioners, and if so an esti- 
mate of the amount of money required to perform the same. 



118 LAWS RELATING TO AGRICULTURE. 

Sec. 868. [If report favorable, work shall be advertised and let 
to the lowest bidder, who shall give bond.] At the first regular ses- 
sion after receiving the report, if it recommends the straightening or 
cleaning out of such creek or water-course, and the commissioners 
deem the same advisable, they shall advertise the letting of the work 
at least twenty days, and let the same to the lowest responsible bidder, 
taking from him a bond in a sum fixed by them, payable to the state, 
with good sureties, for the performance of the work in a proper man- 
ner, and within a time therein named; but no bid shall be accepted 
that exceeds the estimated cost in such report ; and the commissioners 
may reject all bids. 

Sec. 869. [Costs and expenses shall be paid out of bridge 
fund.] All costs of letting the work, and the expense of the work, 
and other expenses in this behalf, shall be paid out of the bridge fund 
of the county, when the work is accepted and approved by the com- 
missioners, and they direct the payment. 

Sec. 4936. [County commissioners to build bridges over canals.] 

The commissioners of any county through which any canal or feeder 
of a canal of this state passes, except such as are built by incorporated 
companies, shall, at the cost of such county, keep in good repair all 
bridges, where any state or county road crosses such canals. 

Sec. 4937. [Swing bridges may be built over canals.] When it 
is deemed necessary to construct a bridge upon any street, road, or 
public highway, across any of the canals or feeder of the canals in this 
state, in any city or village, the council of such city or village, or the 
commissioners of the county in which such city or village is situate, 
and having lawful authority to construct or erect a bridge on such road, 
street, or public highway where the same crosses any such canal or 
feeder of the canal, may erect and maintain for public use, a swing 
bridge, or self-closing bridge upon any such street, road or public 
highway, at such place ; but no such bridge shall be so constructed or 
erected without first obtaining for the model and location thereof, the 
consent, in writing, of the board of public works. 

Sec. 4938. [Commissioners must build bridges in certain cities 
and villages.] The commissioners of the several counties shall cause 
to be constructed and kept in repair, in the manner prescribed by law 
all necessary bridges in villages and cities not having the right to de- 
mand and receive any portion of the bridge fund levied upon the prop- 
erty within such corporations, on all state and county roads, free turn- 
pikes, improved roads, transferred and abandoned turnpikes and 
plankroads, which are of general and public utility, running into or 
through any such village or city. 

Sec. 4939. [Joint county and railroad bridges.] The commis- 
sioners of any county may contract with any railroad company for the 
construction, use, and maintenance of wagon tracks in connection 
with railroad bridges. 

Sec. 4940. [Construction of approaches to county bridges; pur- 
chase of materials; appropriation of materials; lighting of bridges; 



LAWS RELATING TO AGRICULTURE. 



119 



when municipality shall pay for such lighting ; duty of township trus- 
tees as to building and repairing bridges.] The commissioners of any 
county shall cause to be constructed without unnecessary delay, good 
and sufficient approaches or ways to bridges which have been or may 
hereafter be erected by them ; and they shall contract for the con- 
struction thereof in the same manner as is provided by law for con- 
tracting for the construction of bridges by county commissioners ; and 
the county commissioners of any county may contract for, and pur- 
chase such stone, gravel, earth, dirt or other material as may be neces- 
sary for the construction of such approaches or ways to such bridges 
or for keeping the same in repair, provided that if the commissioners 
and the owner or owners of such stone, gravel, earth, dirt or other 
material cannot agree on a price deemed fair and reasonable, like pro- 
ceedings shall be had and with like effect as are provided by law for 
the procurement of material by the commissioners in like cases under 
the two-mile assessment pike law; and the cost of constructing such 
approaches and procuring such material shall be paid from the 
bridge fund of the county on the order of the county commissioners, 
and said county commissioners may, when in their opinion the safety 
of the public travel requires it, contract for the proper lighting of any 
said bridges when the span or two or more spans of which cross the 
same stream or streams and which spans are connected by levees, and 
when such span or spans and levees taken together have a combined 
length of not less than five hundred (500) feet and the cost of such 
lighting shall be paid from the bridge fund of the county on the order 
of the commissioners except that the foregoing provision as to lighting 
bridges shall not apply where the county commissioners have con- 
structed three or more such bridges within the limits of any municipal 
corporation, in which case the municipal corporation shall light the 
bridges within its limits and at its own expense; but the trustees of 
the several townships shall cause to be built and kept in repair all 
bridges and culverts, except upon improved and free turnpike roads, 
when the cost of construction does not exceed fifty ($50.00) dollars, 
and shall keep in repair all bridges constructed by the commissioners ; 
provided, however, such repair by said trustees of any such bridge in 
any year shall not exceed ten ($10.00) dollars and they are authorized 
to levy a tax for the payment of the same. 

As to further duties of county commissioners and township trustees, re- 
garding approaches to bridges, see § 861. 



Sec. 4941. [They may purchase toll bridge.] The commission- 
ers of any county in which there is a toll bridge may purchase the same 
at such price as may be agreed upon by them and the owners of such 
bridge. 

Sec. 4941-1. [Guard rails on county bridge.] It shall be the 
duty of every board of county commissioners in this state to, within 
two years after the passage of this act, erect or cause to be erected and 
maintained where the same has not already been done, one or more 
guard rails on each end of every county bridge, viaduct or culvert, the 
same being more than five feet high ; and also erect or cause to be erect- 
ed, where the same has not already been done, one or more guard rails 
on each side of every approach to each and every county bridge,viaduct 



120 LAWS RELATING TO AGRICULTURE. 

or culvert wherever said approach or embankment is more than six 
feet high; and also within five years after the passage of this act, to 
protect, by suitable guard rails, all perpendicular wash-banks more 
than eight feet in height, where the same shall have any immediate 
connection with a public highway, or is adjacent thereto, in an unpro- 
tected condition ; provided, that in such cities and villages as by law 
have the right to demand and to [do] receive part of the bridge fund 
levied within the same, such guard rails shall be erected by such mu- 
nicipality ; 

[Hedge fences.] And provided, further, that it shall be a suffi- 
cient compliance with the provisions of this act, if said commissioners 
shall cause to be erected and maintained, a good stock-proof hedge 
fence where a guard rail is required by this act ; such guard rails or 
hedge fence shall be erected in a substantial manner, having sufficient 
strength to serve a protection to life and property, the expense of same 
to be paid out of the county bridge fund of each county. 

Sec. 4941-2. [How paid for.] Said guard rails shall be erected 
in a substantial manner, having sufficient strength to serve as a pro- 
tection to life and property, and shall be paid for out of the county 
bridge fund in each and every county of this state. 

Sec. 4941-3. [Penalty.] Each and every failure to comply with 
the provisions of this act shall render the- county liable for all acci- 
dents or damages as a result *of such failure, which may occur after 
a period of five years from the passage of this act. 

Sec. 4941a. [County commissioners may purchase toll bridge; 
procedings when price not agreed upon; proviso.] The commission- 
ers of any county in which there is a toll bridge, or any bridge owned 
by any person or corporation authorized by law to charge and collect 
toll for crossing the same, may purchase such bridge together with the 
approaches at such price as may be agreed upon by them and the 
owners of such bridge ; and in case they are unable to agree with the 
owners thereof, upon such purchase and sale, the commissioners may 
appropriate the same; and for this purpose they shall cause an ac- 
curate survey and description of such bridge and approaches, and the 
land occupied by the same, to be made, and shall file the same with 
the probate judge or court of common pleas of the county, and there- 
upon the same proceedings shall be had, which are now provided by 
law for the appropriation of private property for municipal corpora- 
tions; and upon payment of the agreed price, or payment into court 
of the compensation assessed, the right to charge or collect' toll shall 
thereupon cease. Provided however that in case any such bridge 
sought to be purchased or appropriated is a part of the plankroad, 
and is located within one-fourth of a mile from the end thereof, as then 
existing, said commissioners shall also be required to purchase, or 
appropriate, in connection with said bridge, all of said plankroad lying 
between said bridge and the end of the said plankroad, not exceeding 
one-fourth of a mile, together with any toll-house used in connection 
with said bridge, but said sale or appropriation shall in no way affect 
the right of said plankroad company to collect toll on the unsold or 
unappropriated part of its said plankroad. 



LAWS RELATING TO AGRICULTURE. 



121 



Sec. 4941Z?. [Right to bridge forfeited.] When the commission- 
ers make an appropriation of any bridge as specified in the last preced- 
ing section, and fail to pay for the same within three months after the 
assessment of compensation shall have been made as hereinbefore pro- 
vided, the right of the commissioners to make such appropriation on 
the terms of the assessment so made, shall cease and determine; and 
the bridge so appropriated shall be relieved from all incumbrance on 
account of the proceedings in such case, and the judgment or order of 
the court, directing such award or assessment to be paid, ^iiall cease to 
be of any effect, except as to the cost adjudged against the commis- 
sioners. 

Sec. 4942. [Bonds may issue therefor.] For the purpose of pay- 
ing such agreed price, or any part thereof, or the award or assessment 
and costs of appropriation, the commissioners may issue the bonds of 
the county in sums of not more than five hundred dollars each, payable 
in installments, during a period not exceeding ten years from the date 
thereof, with interest not exceeding the leg'al rate, payable semi- 
annually, which bonds shall not be sold at less than their par value. 

Sec. 4943. [And levy tax to pay same.] The commissioners 
may also cause to be levied and collected such tax, not exceeding one 
mill on each dollar of valuation of the taxable property of the county 
in any year, as will be necessary to pay the bonds issued in pursuance 
of the last section as the}' become due, together with the interest there- 
on. 

Sec. 4944. [Must put up caution notices.] The commissioners 
of the several counties shall cause to be painted in large letters, and 
conspicuously placed at each end of every free county bridge which 
they may deem proper to protect by the provisions of this chapter, a 
notice cautioning all persons against driving on or over the bridge 
faster than a walk, or driving on or over the bridge at any one time 
a greater number of cattle or horses than twenty head, under penalty 
of a fine not to exceed ten dollars nor less than one dollar. 

Sec. 4945. [Arrest of certain persons on view authorized.] A 

constable of any township, or the marshal of any city or village, may 
arrest upon view, and without any process, any person violating the 
provisions of the preceding section. 

Sec. 4946. [How prosecuted.] Prosecutions under the preced- 
ing section shall be in the name of the state, and shall be commenced 
within three months after the offense is committed; and nothing con- 
tained in this chapter shall be construed to take away from the county 
commissioners any right of action for changes [damages] which they 
may have against any person for injury done to such bridge. 

r 

COUNTY TAXES. 



Sec. 2822. [Commissioners to determine annually amount to be 
levied, and amount for each purpose.] The county commissioners 
shall, at their March or June session, annually, determine on the 
amount to be raised for ordinary county purposes, for public buildings, 



122 LAWS RELATING TO AGRICULTURE. 

for the support, of the poor, and for interest and principal of the public 
debt, and for road and bridge purposes; and they shall set forth in 
the record of their proceedings specifically the amount to be raised 
for each of said purposes. 

Sec. 2822-1. [Levy for "state and county road improvement 
fund."] The county commissioners at their March or June session 
annually, in addition to the levy authorized for road and bridge pur- 
poses may levy on each dollar of valuation of taxable property within 
their county not to exceed five-tenths (5-10) of a mill for the creation 
of a fund to be known as the state and county road improvement fund, 
and to be used for the improvement of state and county roads in the 
county. 

Sec. 2822-2. [Levy for improvement of state and county roads.] 

The county commissioners of such counties as shall make such levy 
shall have power to improve any state or county road, or any part 
thereof, by grading, draining, curbing, improving and paving the 
same with stone, brick or other suitable material, or with a combina- 
tion of any or all of these materials, graveling, planking or macad- 
amizing the same, and shall use the funds realized from such levy 
for that purpose ; provided, however, that no such improvement shall 
be made until the owners of at least a majority of the foot frontage 
of the land abutting on said road or part thereof shall petition therefor, 
and the county commissioners shall assess not to exceed twenty-five 
nor less than fifteen per centum of the cost and expense thereof on 
said abutting land, and provided, however, that not to exceed ten per 
centum of the said levy may be used for making sidewalks or bicycle 
paths ; and provided, however, that the county commissioners shall 
have power to expend so much of the fund above provided for as they 
may deem necessary in repairing any free improved roads within their 
county. 

Sec. 2822-3. [Surveys, profiles, estimates and specifications.] 

When the commissioners determine to make any such improvement, 
they shall direct and employ the county surveyor to make all necessary 
surveys, profiles, estimates, and specifications, and submit the same to 
them for their approval, and the same shall be filed and preserved in 
their office, and the county surveyor shall receive as compensation for 
his services, the same compensation as is provided in section 4664. 

Sec. 2822-4. [Bids; letting of contract.] Upon the approval 
of said surveys, profiles, estimates and specifications, the commission- 
ers of said county shall advertise for bids in some newspaper of general 
circulation in the county, for a period of three weeks, and shall let 
the contract for making such improvement to the lowest and best 
bidder or bidders, who shall give such reasonable security for the 
proper performance of their contract within the time and in the man- 
ner prescribed therein, as the county commissioners shall require. 
But when the estimated cost of any improvement does not exceed five 
hundred ($500) dollars, the same may be let without publication in a 
newspaper as herein required. 



LAWS RELATING TO AGRICULTURE. 123 

Sec. 2824. [Levy of taxes for county road and bridge purposes.] 

The commissioners, at their March or June sessions, annually, may 
levy on each dollar of valuation of taxable property within their 
county, for road and bridge purposes, as follows : In a county where 
the valuation of taxable property exceeds eighty millions and does not 
exceed one hundred and twenty millions dollars, five-tenths of a mill ; 
where the amount exceeds fifty millions and does not exceed eighty 
millions, seven-tenths of a mill ; where the amount exceeds twenty 
millions and does not exceed fifty millions of dollars, one mill and 
one-tenth ; where the amount exceeds ten millions and does not 
exceed twenty millions of dollars, one mill and five-tenths ; where 
the amount exceeds five millions and does not exceed ten millions of 
dollars, three mills ; and where the amount is less than five millions 
of dollars, five mills and five-tenths; and of the tax so levied, the com- 
missioners shall set apart such portion, as they may deem proper, to 
be applied to the building and repair of bridges, which portion so set 
apart shall be called a bridge fund, and shall be entered on the dupli- 
cate in a separate column, and shall be collected in money, and ex- 
pended, except as may be otherwise provided by law, under the direc- 
tions of the commissioners in building bridges and culverts, or in 
repairing the same : 

[Hamilton county.] Provided, that in any county containing a 
city of the first grade of the first class, where the valuation of taxable 
property exceeds two hundred millions of dollars, the commissioners 
of said county may levy on each dollar of valuation of taxable property 
within said county for bridge purposes exclusively, not to exceed one- 
half of a mill, which shall be collected in money and placed by the 
auditor to the credit of the bridge fund of the county, and the same 
shall be expended by the commissioners in building bridges and 
culverts, and in repairing and making fills and approaches to the same 
in the townships outside of the corporate limits of said city, and for no 
other purpose whatever; 

[Payment to Cincinnati.] Except that a portion of said fund 
collected in the said county, amounting to not less than a levy of one- 
sixth of a mill on each dollar of valuation of the taxable property 
within said county in all cases where the board of legislation of said 
city of the first grade of the first class shall demand it, shall be paid 
into the city treasury of said city and shall be expended by the board 
of administration of said city, for the purpose of building and repair- 
ing of bridges within the corporate limits of the same ; 

[Special tax to restore important bridge.] Provided, further, that 
in case an important bridge belonging to or maintained by any county 
has been or shall be destroyed or become dangerous to public travel 
by decay or otherwise, and the restoration thereof is deemed necessary 
for public accommodation, the commissioners may levy a special tax 
for that purpose, not exceeding one mill and five-tenths, the proceeds 
of which shall be applied solely to such restoration; 

[Anticipation thereof.] And the commissioners may anticipate 
the collection of such special tax by borrowing any sum not exceeding 
the amount so specially levied or to be levied, at any rate of interest 
not exceeding six per centum, and issue notes or bonds therefor, pay- 
able upon the collection of such special tax; 



124 LAWS RELATING TO AGRICULTURE. 

[Cleveland and cities of second class.] Provided, further, that in 
all cities of the second grade of the first class, and all cities of the 
second class one-half of the proportion of said bridge fund collected 
upon the property within said cities, in all cases where the city council 
shall demand it, shall be paid into the city treasury, and shall be 
expended by such city for the purpose of building and repairing 
bridges ; 

[Marietta.] And provided further, that in cities having at the 
last federal census, or at any subsequent federal census a population 
of 8,273, the whole of the proportion of said bridge fund collected upon 
the property within said city shall upon demand of the council of said 
city therefore be paid into the treasury of said city, and shall be ex- 
pended by said city for the purpose of building and maintaining bridges 
therein; 

[Montgomery county.] Provided further, that the commission- 
ers of Montgomery county shall levy not exceeding one mill and six- 
tenths for road and bridge purposes, and that said levy shall only be 
on property subject to taxation outside the city of Dayton, and the 
proceeds of such levy shall be applied exclusively to roads and bridges 
outside of said city; 

[Dayton.] And the council of said city may annually levy on 
the taxable property within the same, for bridge purposes, a tax of one 
mill and one-tenth in addition to the total aggregate of taxation now 
authorized by said council, to be expended for building and repairing 
bridges within said city; 

[Trumbull county.] And provided further, that the commis- 
sioners of Trumbull county may levy not to exceed the rate allowed by 
law for road and bridge purposes, and that said levy shall only be on 
property subject to taxation outside of the city of Warren, and the 
proceeds of such levy shall be applied to road and bridge purposes 
exclusively outside of said city; 

[Warren.] And the council of said city may annually levy on 
each dollar of valuation of taxable property within said city for bridge 
purposes, one and five-tenths of a mill, in addition to the total aggre- 
gate of taxation now or hereafter authorized by law, to be expended 
for building and repairing bridges within said city; except that in 
the event that the commissioners of the county transfer from the road 
and bridge fund to some other fund, the whole or some part of the 
six-tenths of a mill as now allowed by law, the council of said city 
shall make a like transfer to the same county fund; and the council 
of said city may anticipate the whole or some part of the annual levy 
for said purposes for the period of ten years or less, by borrowing a 
sum, not exceeding twenty thousand dollars, at a rate of interest not 
exceeding six per centum, and issue bonds therefor, payable on the 
collection of said tax. 

[Expiration of proviso.] Said last proviso relating to the city 
of Warren in said Trumbull county shall expire by limitation after 
twelve years from the time it becomes a law, and said city shall again 
become a part of the county for bridge purposes under the general 
law; 



LAWS RELATING TO AGRICULTURE. 125 

[Holmes county.] Provided further, that the commissioners of 
Holmes county at their March or June sessions shall levy on all the 
taxable property of said county, the amount now authorized by law 
for road and bridge purposes to be used on roads and bridges, and the 
commissioners of Holmes county may turn over such portion of the 
taxes so raised for roads and bridges on the taxable property in said 
incorporated village of Millersburg, said county, to the council of 
said incorporated village for road and bridge purposes as they may 
deem proper, and the commissioners of said county on the demand of 
said council of the incorporated village of Millersburg shall turn 
over to the treasury of said village the pro rata share of the taxes 
levied in 1899. 

AN ACT 

To authorize the commissioners of any county to issue bonds to refund the in- 
debtedness of boards of road commissioners appointed by the county 
[commissioners] therein, incurred on account of road improvements. 

Sec. 1. [County commissioners authorized to issue bonds to re- 
fund indebtedness of road commissioners.] That commissioners of 
any county in which road commissioners appointed by said county 
commissioners therein have incurred indebtedness on account of road 
improvements under color of any legislative act, are hereby author- 
ized, for the purpose of extending the time of payment of such in- 
debtedness and reducing the rate of interest thereon, to issue and sell 
the bonds of the county in such amounts and for such length of time, 
and for such rate of interest not exceeding five per centum per annum, 
payable semiannually, as such county commissioners may determine. 
The money realized from the sale of such bonds shall be paid to the 
road commissioners, to be used only for the purpose of paying the 
indebtedness so incurred by them on account of such road improve- 
ments. 

Sec. 2. [Tax levy.] To pay the principal and interest of said 
bonds, the county commissioners are hereby authorized to levy a lax 
sufficient for that purpose annually on all of the taxable property of 
every kind within the limits of any election precinct, or road district, 
for which such road commissioners were appointed. (O. L., v. 98, p. 
32.) 

TOWNSHIP TAXES. 

Sec. 2827. [When and how made.] The trustees of each town- 
ship shall, on or before the fifteenth day of May, annually, determine 
the amount of taxes necessary for all township purposes, and certify 
the same to the county auditor; and there shall be levied annually, 
by the county auditor, for township purposes, including the relief 
of the poor, but not including the support of common schools, or the 
payment of the interest and principal of the debts of the township, 
such rates of taxes as the trustees of the respective townships may 
certify to the county auditors to be necessary, not exceeding one 
mill on each dollar of the taxable valuation of the property of the town- 
ship, which does not exceed two hundred thousand dollars, and eight- 



126 LAWS RELATING TO AGRICULTURE. 

tenths of one mill on each dollar of such taxable valuation exceeding 
two hundred thousand dollars, and not exceeding three hundred 
thousand dollars; and one-half of one mill on each dollar of such 
taxable valuation exceeding three hundred thousand dollars, and not 
exceeding five hundred thousand dollars ; and four-tenths of a mill 
on each dollar of such taxable valuation exceeding five hundred thou- 
sand dollars, and not exceeding eight hundred thousand dollars ; and 
one-fourth of one mill on each dollar of such taxable valuation ex- 
ceeding eight hundred thousand dollars ; and for the payment of the 
interest and principal of the debts of the township, such sum as the 
trustees may determine is necessary for that purpose; provided, that 
in counties where there are no county infirmaries, a further township 
tax, not exceeding one mill and five-tenths of a mill on each dollar 
of the taxable property of the township, may be levied for the relief 
of the poor, to be applied solely to that purpose. 

Sec. 2827-1. [Tax in addition to two days' labor.] The trustees of 
any township are hereby authorized and empowered, in addition to 
the two days' labor, to determine a per centum, to be levied for road 
purposes, upon each dollar of valuation of the taxable property of 
their respective townships, exclusive of any incorporated village, as 
follows : Any rate not exceeding four mills on each dollar, and said 
trustees shall certify the same to the county auditor in writing on or 
before the 15th of May of each year; and the county auditor shall 
assess the same on all the taxable property in said township, exclusive 
of any incorporated village, and the same shall be collected, one-half 
in the December installment, and one-half in the June installment, by 
the county treasurer, and paid over by him to the treasurer of the 
township from which said taxes were collected, the same to be ex- 
pended for the improvement of roads in the township where collected. 
(O. L., v. 98, p. 340.) 

Sec. 2828. [Township liabilities for the relief of the poor.] The 

trustees of any township which has incurred, or may hereafter incur, 
liabilities for the relief of the poor, beyond the amount raised by the 
levy now authorized, shall have power to make an additional levy, for 
the purpose of discharging such liabilities, not exceeding six-tenths 
of one mill on the dollar of the taxable property of such township. 

Sec. 2830. [Payment of road tax; expenditure of road fund.] 

Any person charged with a road tax shall pay the same in money to 
the county treasurer in the same manner as other taxes are collected 
and paid. All road taxes paid to or collected by the county treasurer 
shall be paid over to the treasurer of the township or municipal corpora- 
tion from which the same were collected, and shall be expended on the 
public roads and in building and repairing bridges in the township and 
municipal corporation from which the taxes were collected under the 
direction of the trustees of the proper township or council of such 
municipal corporation ; and all funds heretofore levied for road pur- 
poses and not expended, shall be expended by the trustees of the 
township or council of the municipal corporation from which the 
same were collected as other taxes collected under the provisions 
of this title. (O. L., v. 98, p. 333.) 



LAWS RELATING TO AGRICULTURE. 127 

Sec. 2831. [Levy to pay bonds of county, city, or township, 
given for railroad subscription.] The competent authorities of any 
county, city, or township, that shall have subscribed to the' capital 
stock of any railroad company, and shall have issued its bonds or other 
securities for the payment of such subscription, may, at any time with- 
in five years next before the principal of such bonds, or other securities, 
shall be payable, if the market price of the stock of such railroad 
company be less than seventy-five per cent, on its par value, levy, or 
cause to be levied, annually, on the taxable property of such county, 
city, or township such tax not exceeding one mill on the dollar, as 
will be sufficient to balance the discount on the railroad stock held 
by such county, city, or township, by the time such bonds may become 
due; and the proceeds of all such taxes shall form, with such stock, 
a sinking fund, and shall be invested in the purchase of the bonds 
issued by such county, city, or township, or in other safe and pro- 
ductive securities, and shall be applied to the payment of the bonds 
so issued, and to no other use or purpose whatever. 



SPECIAL TAXES. 

(2833.) Sec. 1. [Tax on dogs; distribution of tax.] In the tax 

list duplicate there shall be collected for the number of and per capita 
tax on dogs, and in addition to the proper tax on any valuation that 
may be fixed upon dogs by the owners, which shall be included with 
the personal property valuation, and taxed therewith, the auditor 
shall levy one dollar on each male and spayed female dog, and two 
dollars on each unspayed female dog, which per capita tax shall be 
levied upon and entered against the real estate upon which said dog 
is kept or harbored and collected as are other taxes upon real estate 
and shall constitute a special fund to be disposed of in the payment 
of sheep claims, as provided in section 4215. And if, after paying all 
such sheep claims, at the June session of the county commissioners, 
there remain more than five hundred dollars of such fund, the excess, 
at such June session, shall be transferred and disposed of as follows : 
In any county in which there now exists a society for the prevention of 
cruelty to children and animals, incorporated and organized under 
chapter 13, title 2, division 2, of the Revised Statutes, and in any 
county in which no such society now exists, but in which there may be 
hereafter incorporated and organized such society in accordance with 
said chapter, title and division, and such societies now existing or 
which may hereafter be organized, shall have one or more agents ap- 
pointed in pursuance of said chapter, title and division, all or such 
portion of such excess as the county commissioners, in their discre- 
tion, may deem necessary for the uses and purposes of such society, 
shall, by order of the county commissioners, upon the warrant of 
the county auditors, be paid to the treasurer of such society, and any 
surplus not so transferred shall be transferred to the school fund. 

(2833.) Sec. 2. [Penalty against assessor for failing to enlist 
dogs.] The assessor in assessing property failing to enlist all dogs 
kept or harbored upon any property shall be subject to a €ne of not 
more than $75.00 nor less than $25.00. (O. L., v. 97, p. 87.) 



128 LAWS RELATING TO AGRICULTURE. 

Sec. 2834. [Surplus of special tax or loan may be transferred to 
general fund.] Whenever there is in the treasury of any city, vil- 
lage, hamlet, county, township or school district, any surplus of the 
proceeds of a special tax, or of the proceeds of a loan for a special 
purpose, which surplus is not needed for the purpose for which the tax 
was levied, or the loan made, such surplus may be transferred to 
the general fund by an order of the proper authorities entered on 
their minutes ; and whenever there is in the treasury of any such civil 
division, at the annual meeting or meetings otherwise provided by 
law at which the annual tax levy is to be considered and adopted 
any surplus not exceeding one thousand dollars in any one established 
fund or division of the funds, which surplus is not needed for the pur- 
pose for which the fund was created, or the money appropriated, or the 
tax- levied, before such annual tax levy is made, such surplus may be 
considered as unappropriated and may be reappropriated, and trans- 
ferred, by an order as aforesaid, to some other existing fund for which 
a tax is to be or would otherwise be levied, and the sum which it 
would be necessary to raise by taxation for any purpose, if no such 
reapportionment was made, shall thereupon be reduced to the extent 
of the transfer thus made ; provided, however, that this act shall in no 
wise be considered as authority to make such reapportionments or 
any transfer of funds at any other time than the meeting aforesaid 
to determine the tax levy nor to authorize transfers at any one such 
meeting of over three thousand dollars in the aggregate, nor that the 
amount which may be lawfully raised by taxation for any purpose 
may be increased by such transfer. 

Sec. 2834a. [Power to borrow to extend time or change debt.] 

The trustees of any township, the board of education of any school 
district and the commissioners of any county for the purpose of ex- 
tending the time of payment of any indebtedness, which from its limits 
of taxation such township, school district or county is unable to pay 
at maturity, shall have power to borrow money or to issue bonds of 
such township, school district or county, so as to change but not to 
increase the indebtedness in such amounts and for such length of time 
and at such rate of interest, as the trustees, board of education or 
commissioners may deem proper, not to exceed the rate of six per 
centum per annum, payable annually or semiannually. 

Or when it shall appear to the trustees, board of education or 
commissioners of any township, school district or county to be for 
the best interests of such township, school district or county to renew, 
refund or extend the time of payment of any bonded indebtedness 
which shall not have matured and thereby reduce the rate of interest 
thereon, such trustees, board of education or commissioners shall 
have authority to issue for that purpose new bonds, and to exchange 
the same with the holder or holders of such outstanding bonds if such 
holder or holders shall consent to make such exchange and to such 
reduction of interest. 

[Resolution as to such debt.] Provided, however, that no indebt- 
edness of any township, school district or county shall be funded, re- 
funded or extended unless such indebtedness shall first be determined 
to be an existing, valid and binding obligation of any such township, 
school district or county by a formal resolution of the trustees, board 



Laws relating to agriculture. 129 

of education or commissioners of any such township, school district 
or county, which resolution shall so state the amount of the existing 
indebtedness to be funded, refunded or extended, the aggregate 
amount of bonds to be issued therefor, their number and denomina- 
tion, the date of their maturity, the rate of interest they shall bear 
and the place of payment of principal and interest. And for the pay- 
ment of the bonds issued under this section the township trustees, 
board of education or county commissioners shall levy a tax, in addi- 
tion to the amount otherwise authorized, every year during the period 
the bonds have to run sufficient in amount to pay the accruing interest 
and the bonds as they mature. (O. L., v. 97, p. 514.) 

Sec. 2834.fr. [Restrictions; no contract, etc., unless money is in 
treasury and set apart; non-applicability of section to employment of 
teachers, officers and other school employes.] The commissioners 
of any county, the trustees of any township and the board of education 
of any school district, except in cities of the first class, of first, second 
and third grade, shall enter into no contract, agreement, or obligation 
involving the expenditure of money, nor shall any resolution or order 
for the appropriation or expenditure of money be passed by any board 
of county commissioners, township trustees or board of education, 
except in cities of the first class, of first, second and third grade, unless 
the auditor or the clerk thereof shall first certify that the money re- 
quired for the payment of such obligation or appropriation is in the 
treasury to the credit of the fund from which it is to be drawn, or 
has been levied and placed on the duplicate, and in process of col- 
lection and not appropriated for any other purpose; which certificate 
shall be filed and immediately recorded, and the sums so certified 
shall not thereafter be considered unappropriated until the county, 
township or board of education, except in cities of the first class, of 
first, second or third grade, is fully discharged from the contract, 
agreement or obligation, or so long as the order or resolution is in 
force, and all contracts, agreements or obligations, and all orders or 
resolutions entered into or passed contrary to the provisions of this 
section, shall be void. Provided, that none of the provisions of this 
section shall apply to the contracts authorized to be made by other 
provisions of law for the employment of teachers, officers, and other 
school employes of boards of education. 

Sec. 2834.6/. [Disposition of surplus under Dow tax.] When- 
ever there is in the treasury of any city, village, hamlet, county or 
township any surplus arising under an act entitled "An act providing 
against the evils resulting from the traffic in intoxicating liquors," 
passed May 14, '1886, 83 O. L., 157, which surplus is not needed 
for the purpose named in section 9 of said act, such surplus may be, 
at any time, transferred to any other fund, including school fund, by 
an order of the proper authorities entered on their minutes. 

Sec. 2835. [Townships and municipalities may issue and sell 
bonds for purposes specified in this act.] That the trustees of any 
township, or the council of any municipal corporation of the state of 
Ohio, shall have the power to issue and sell bonds in such amounts 
and denominations, for such period of time and at such rate of in- 
terest, not exceeding six per cent., and in such manner as is provided 

9— F. H. B. 



130 



LAWS RELATING TO AGRICULTURE. 



6. 

7- 

8. 

9- 

10. 

11. 



by law for the sale of bonds by such township or municipal corporation, 
for any of the purposes provided for in this act, whenever such trus- 
tees or council by an affirmative vote of not less than two-thirds of the 
members elected or appointed thereto shall by resolution or ordinance 
deem the same necessary. 

1. For procuring the real estate and right of way for any im- 
provement authorized by this section, or for purchasing real estate 
with a building or buildings thereon, to be used for public purposes. 

2. For extending, enlarging, improving, repairing or securing 
a more complete enjoyment of any building or improvement author- 
ized by this section, and for equipping and furnishing the same. 

3. For sanitary purposes and for erecting a crematory or pro- 
viding other means for disposing of garbage and refuse matters. 

4. For improving highways leading into the township or cor- 
poration, or for building or improving a turnpike, or for purchasing 
one or more turnpike roads and making the same free. 

5. For constructing wharves and landings on navigable waters. 
For erecting infirmaries. 

For erecting workhouses, prisons and police stations. 
For erecting houses of refuge and corrections. 
For erecting market houses and providing market places. 

For erecting public halls and public offices. 
For erecting or purchasing waterworks and supplying water 
to the township, or corporation and the inhabitants thereof. 

12. For erecting or purchasing gas works or electric light works, 
and for supplying light to the township or corporation and the in- 
habitants thereof. 

13. For providing grounds for cemeteries or crematories, for en- 
closing and embellishing the same, and for erecting vaults. 

14. For constructing sewers, sewage disposal works, flushing 
tunnels, drains and ditches. 

For establishing free public libraries and reading rooms. 
For the establishment of free public baths. 
For erecting monuments to commemorate the services of 
soldiers, sailors and marines of the state and nation. 

18. For improving any water course or water front. 

19. For the payment of obligations arising from emergencies 
resulting from epidemics, or floods, or other forces of nature. 

20. For purchasing and condemning the necessary land for park 
and boulevard purposes and for improving the same as well as for 
improving or completing the improvement of any existing boulevard, 
park, or parks. 

21. For erecting hospitals and pest houses and for rebuilding, 
or improving existing hospitals and pest houses. 

22. For resurfacing, repairing, or improving any existing street 
or streets as well as other public highways. 

23. For opening, widening and extending any street or public 
highway. 

24. For purchasing or condemning any land necessary for street 
or highway purposes, and for improving the same or paying any 
portion of the cost of such improvement. 

25. For constructing levees and embankments or paving or im- 
proving the same, and for improving any water course passing through 
said township or municipal corporation. 



15. 
16. 

17. 



LAWS RELATING TO AGRICULTURE. 131 

26. For constructing or repairing viaducts, bridges and culverts, 
and for purchasing or condemning the necessary land therefor. 

27. For erecting any building necessary for a fire department, 
purchasing fire engines, fire boats, constructing water towers, and fire 
cisterns, and paying' the cost of placing underground the wires or 
other signal apparatus of any fire department. 

[Total bonded indebtedness permitted to be created by township 
or municipality in any one year.] The bonds herein authorized may 
be issued for any or all purposes enumerated herein, but the total 
bonded indebtedness hereafter created in any one fiscal year under 
the authority of this act by any township or municipal corporation 
shall not exceed one (i) per cent, of the total value of all property 
in such township or municipal corporation, as listed and assessed for 
taxation, except as otherwise provided in this act. 

[Exception; may exceed said amount after submission of question 
to vote.] Whenever the trustees of any township or the council of 
any municipal corporation, shall by resolution or ordinance passed by 
an affirmative vote of not less than two-thirds of all the members 
elected or appointed thereto, deem it necessary in any one fiscal year 
to issue bonds for all or any of the purposes authorized in this act in 
any amount greater than one per cent, of the total value of all prop- 
erty in such township or municipal corporation as listed and assessed 
for taxation, then and in that event they shall submit the question of 
issuing any bonds in excess of said one per cent, to a vote of the quali- 
fied electors of such township or municipal corporation at a general 
or special election in the manner hereafter provided in section 2837, 
Revised Statutes. 

[Amount of net indebtedness permitted to be incurred by town- 
ship or municipality at any time; exception.] Provided, however, that 
the net indebtedness incurred by any township or municipal corpora- 
tion,after the passage of section 2835, Revised Statutes, as amended April 
29, 1902, for the purpose herein enumerated, shall never exceed four 
(4) per cent, of the total value of all property in such township or mu- 
nicipal corporation, as lfsted and assessed for taxation, unless an excess 
of such amount is authorized by vote of the qualified electors of such 
township or municipal corporation in the manner hereafter provided 
in section 2837, Revised Statutes. 

["Net indebtedness" defined.] In arriving at the net indebted- 
ness incurred, allowance shall be made only for the amount held in 
the sinking fund for the redemption of bonds theretofore issued under 
the provisions of section 2835 as amended April 29, 1902, and subse- 
quently, and the net indebtedness shall be held to be the difference 
between the par value of all such outstanding and unpaid bonds and 
the amount held in the sinking fund for their redemption. 

[Fiscal year for purposes of this act.] For the purposes of this 
act the fiscal year shall hereafter be the calendar year, from January 
1 to December 31 inclusive, and an indebtedness shall not be deemed 
to have been created or incurred, where the work is to be done by or 
through the officers of the township or municipal corporation, until 
the bonds therefor have been issued and sold. 



132 LAWS RELATING TO AGRICULTURE. 

Sec. 2835Z7. [When limitation above prescribed not applicable.] 

Provided further that the limitations of one per cent, and four per 
cent, prescribed in section 2835, Revised Statutes, shall not be con- 
strued as affecting bonds issued under authority of said section 2835 
upon the approval of the electors of the corporation, nor shall bonds 
which are to be paid for by assessments specially levied upon abutting 
property, nor bonds issued for the purpose of constructing, improving 
and extending waterworks when the income from such waterworks 
is sufficient to cover the cost of all operating expenses, interest charges 
and to pass a sufficient amount to a sinking fund to retire such bonds 
when they become due, nor any bonds issued prior to the passage of 
section 2835 Revised Statutes as amended April 29, '1902, be deemed 
as subject to the provisions and limitations of said section, or be con- 
sidered in arriving at the limitations therein provided. 

Sec. 2836. [Tax shall be levied to pay bonds and interest; ex- 
ception.] For the payment of bonds issued under the authority of 
section 2835 of the Revised Statutes or issued after a submission of 
the question to the people under the provisions of section 2837 of the 
Revised Statutes, the trustees of any township or the council of any 
municipal corporation shall, unless the interest on and redemption 
of such bonds is otherwise provided for, levy a tax in addition to all 
levies now authorized by law, every year during the period said bonds 
have to run sufficient to pay the interest on said bonds and to provide 
a sinking fund for their final redemption at maturity. 

Sec. 2837. [Procedure when question of bond issue must be sub- 
mitted to vote; total indebtedness permitted.] Before any bonds in' 
excess of the said one per cent, in any one year or in excess of the said 
four per cent, in the aggregate are issued or tax levied, as provided in 
sections 2835 and 2836, Revised Statutes, the question of issuing the 
same shall be submitted to the voters of the township or municipal 
corporation at a general or special election. And whenever the trus- 
tees of any township or the council of any municipal corporation shall 
by resolution or ordinance passed by an .affirmative vote of not less 
than two-thirds of all the members elected or appointed thereto, de- 
clare it necessary to issue and sell the bonds of such township or mu- 
nicipal corporation as the case may be, for any or either of the pur- 
poses mentioned in section 2835 of the Revised Statutes in excess of 
the amounts therein authorized, and shall by such resolution or ordi- 
nance fix a date upon which the question of issuing and selling such 
bonds shall be submitted to the electors of such township, or muni- 
cipal corporation, and shall cause a copy of such resolution or ordi- 
nance to be certified to the deputy state supervisors of the county in 
which such township or municipal corporation is situated, and such 
deputy state supervisors shall thereupon proceed to prepare the bal- 
lots and make all other necessary arrangements for the submission of 
such question to the electors of any such township or municipal cor- 
poration at the time fixed in said resolution. Such election shall be 
held at the regular place or places of voting in such township or mu- 
nicipality, and shall be conducted, canvassed and certified in the same 
manner, except as otherwise provided by law, as November elections 
in such township or municipal corporation for the election of officers 
thereof. Thirty days' notice of the submission shall be given in one 



LAWS RELATING TO AGRICULTURE. 133 

or more papers printed therein once a week for four consecutive weeks, 
stating the amount of bonds to be issued, the purpose for which they 
are to be issued, and the time and place of holding the election ; and 
if no newspaper is printed therein the notice shall be posted in a con- 
spicuous place and published once a week for four consecutive weeks 
in some newspaper of general circulation in the township or municipal 
corporation ; and if two-thirds of the voters voting at such election 
upon the question of issuing the bonds vote in favor thereof, then and 
not otherwise the bonds for such excess shall be issued and tax levied. 
Those who vote in favor of the proposition shall have written or 
printed on their ballots in quotation, "For„the issue of bonds;" and 
those who vote against the same shall have written or printed on their 
ballots the words, "Against the issue of bonds." Provided, however, 
that no township or municipal corporation shall hereafter create or 
incur a net indebtedness under the authority of this act in excess of 
eight per cent, of the total value of all property in such township or 
municipal corporation as listed and assessed for taxation. All bonds 
heretofore issued in good faith under the authority of section 2835, 
Revised Statutes, as amended April 29, 1902, and April 23, 1904, which 
at the time of issue, were within the limitations herein provided, shall 
be valid obligations of the township, city, village or other municipal 
corporation which issued them and in arriving at the limitations of 
8 per cent, herein provided, and of 4 per cent, in section 2835 Revised 
Statutes provided, all such bonds, except those excluded by the pro- 
visions of section 2835b, Revised Statutes, shall be considered. (O. 
L., v. 98, p. 63.) 

COUNTY DITCHES. 

Sec. 4447. [Ditches and water courses; county commissioners 
may construct, improve, etc., when.] The commissioners of any 
county at any regular or called session may, in the manner provided 
in this chapter, when the same is necessary to drain any lots, lands, 
public or corporate road or railroad, and will be conducive to public 
health, convenience or welfare, cause to be located, and constructed, 
straightened, widened, altered, deepened, boxed or tiled, any ditch, 
drain or water-course, or box or tile any portion thereof or cause the 
channel of all or any part of any river, creek or run, within such coun- 
ty to be improved by straightening, widening, deepening or changing 
the same, or by removing from adjacent lands any timber, brush, trees 
or other substance liable to form obstruction therein. 

Sec. 4448. [Meaning of words "ditch" and "according to bene- 
fits" as used herein.] The word "ditch" as used in this chapter shall 
be held to include a drain or watercourse. The petition for any such 
improvement shall be held to include any side, lateral, spur or branch 
ditch, drain or watercourse necessary to secure the object of the im- 
provement, whether the same is mentioned therein or not; but no 
improvement shall be located unless a sufficient outlet is provided. 
The words "according to the benefits" used in this chapter in direct- 
ing boards of county commissioners to assess lands for ditches and in 
directing engineers to report assessments for the same shall not be 
held to authorize any assessments for benefits conferred upon lands 
by nature nor the right of easement of the owners of superincumbent 
lands to pass the water therefrom through natural watercourses. 



134 LAWS RELATING TO AGRICULTURE. 

[Commissioners may change terminus.] And the commissioners 
may change either terminus of said ditch before its final location if the 
object of the improvement will be better accomplished thereby. 

Sec. 4449. [When the ditch benefits a road.] When the im- 
provement will drain the whole or a part of any public or corporate 
road, or a railroad, or will so beenfit any such road that the traveled 
track or road-bed thereof will be improved by its construction, there 
shall be apportioned to the county, if the road is a state, county, or 
free turnpike road, or to the township, if a township road, or to the 
corporation, if a corporate road or railroad, a proper share of the 
costs and expenses thereof, as hereinafter provided. 

Sec. 4450. [Application for county ditch; bond.] Application 
for any such improvement shall be made to the commissioners of the 
county, signed by one or more owners of lots or lands which will be 
drained or benefited thereby, or shall be made by the street commis- 
sioner or supervisor of the road district in which the same is required 
to be done ; and the trustees of any original surveyed township owning 
land granted by congress for the support of common schools, or the 
infirmary directors of any county, may make such application and file 
the petition and bond provided for in this chapter. 

Sec. 4450-1. [Montgomery county commissioners authorized to 
protect the public against dangerous waters.] The commissioners of 
any county containing a city of the second grade, of the second class, 
are hereby authorized : in any case where the action of water results 
in injury to the general public, [or,] in any vicinity or community, 
threatens the safety of any public road or bridge, or the security or 
convenience of public travel, the county commissioners may, of their 
own motion, without the filing of a petition as required by section 
four thousand four hundred and fifty, inaugurate proceedings for the 
establishment of, or the straightening, or improving of a county ditch, 
and establish, improve, or straighten the same, in accordance with 
the provisions of title six, chapter one, of the Revised Statutes of Ohio, 
or take such other action to control the flowage and discharge of 
such water as may be necessary to prevent such public injury. 

Sec. 4451. [Petition, what to contain, and bond.] The petition 
shall be filed with the county auditor and shall set forth the necessity 
and benefits of the improvement and describe the beginning, route 
and termini thereof. It shall also contain the names of all persons 
and corporations either public or private, who in the opinion of the 
petitioner or petitioners are in any way affected or benefited thereby, 
and [there] shall be filed therewith a bond, subject to the approval of 
said auditor, payable to the state of Ohio, with at least two sufficient 
sureties, in not less than two hundred dollars, conditioned for the 
payment of all costs if the prayer of the petition be not granted or be 
dismissed for any cause. Should the names of any person or cor- 
poration, either public or private, who are in any way affected by the 
proposed improvement, be omitted from the petition, it shall be the 
duty of the commissioners, when they discover that such omission has 
been made, to supply such names, and cause notice to be served as 
herein provided. 



LAWS RELATING TO AGRICULTURE. 135 

Sec. 4451a, [County ditches; notice of filing of petition; day for 
hearing; notice and copies of said notice.] Said auditor shall there- 
upon give notice to the commissioners of the filing of said petition, 
together with a copy thereof. He shall fix a day for the hearing of 
the same, not more than thirty days from the date of said notice. 
The auditor shall prepare and deliver to said petitioners, or any one of 
them, a notice in writing directed to the lot or land owners and to 
the corporations either public or private affected by said improve- 
ment, setting forth the substance, pendency and prayer of such peti- 
tion. And the auditor shall also prepare copies of said notice, for 
which he shall receive six cents per one hundred words, but in no 
case more than twenty-five cents for any one notice, one of which shall 
be served upon each lot or land owner or left at his or her usual place 
of residence and upon an officer or agent of each public or private cor- 
poration having its place of business in the county at least fifteen days 
before the day set for hearing, and the person who serves such 
notices shall make return on the notice, under oath, of time and man- 
ner of service, and file the same with said auditor on or before that 
day. The person serving said notices shall receive two dollars for 
each day actually employed in said service. Said auditor shall at the 
same time give a like notice to each nonresident lot or land owner 
by publication in a newspaper printed and of general circulation in 
the county, -at least two weeks before the day set for hearing, which 
notice shall be verified by affidavit of the printer, or other person, 
knowing the fact, and filed with said auditor on or before that day, 
and no further notice of said petition or the proceedings had under the 
same shall thereafter be required. (O. L. v. 97, p. 260.) 

Sec. 4452. [Hearings by commissioners.] Said commissioners 
shall meet at the place of beginning of said ditch as described in the 
petition on the day so fixed, as aforesaid, and hear any and all proof 
offered by any of the parties affected by said improvement, and other 
persons competent to testify ; and shall go over and along the line of 
said improvement, and by actual view of the said ditch and the prem- 
ises along and adjacent thereto and to be drained or benefited thereby, 
determine the necessity thereof, and may adjourn from time to time 
and to such place as the necessity of the work may require; and in 
case said commissioners find for said improvement, they shall fix a 
day for the hearing of application for any appropriations of land taken 
for said improvement and damages said parties affected by said im- 
provement or any of them may sustain thereby, and for the approval 
of the report of the county surveyor as hereinafter provided for. 

Sec. 4453. [When the commissioners find against the improve- 
ment.] If the commissioners find against the improvement, they shall 
dismiss the petition and proceedings at the cost of the petitioners, and 
they shall cause an itemized bill of all the costs to be made up by the 
auditor for their examination and approval, which shall include the 
per diem of the county surveyor, together with all costs necessarily 
made, except fees of the auditor and compensation of the commis- 
sioners. 

Sec. 4454. [Finding for the improvement; survey and plat.] If 

the commissioners find for the improvement, they shall cause to be en- 



136 LAWS RELATING TO AGRICULTURE. 

tered on their journal an order directing the county surveyor to go 
upon the line described in the petition, or as changed by them in ac- 
cordance with section forty-four hundred and eighty-nine, and survey 
and level the same, and set a stake at every hundred feet, numbering 
down stream, note the intersections of*lines and boundaries of lands, 
townships and county lines, landmarks, bench-marks and road-cross- 
ings, and make a report, profile and plat of the same, and estimate the 
number of cubic yards of earth or other substance to be removed, and 
the cost per cubic yard for each working section as hereinafter pro- 
vided, and of each section of one hundred feet. 

Sec. 4455. [Engineer must report an assessment, etc., of cost of 
ditches.] The commissioners shall, also by their order, direct the 
county surveyor Or engineer to make and return a schedule of all the 
lots and lands, and public or corporate roads or railroads that will be 
benefited, with an apportionment of the cost of location, and the labor 
of constructing the improvement, in money, according to the benefits 
which will result to each, and in apportioning. the costs of such im- 
provement the benefits to any lots or lands by diking the same in 
whole or in part shall be considered with other benefits, and a specifi- 
cation of the manner in which the improvement shall be made and 
completed, the number of flood-gates, waterways, farm crossings and 
bridges necessary, including kinds and dimensions thereof, and all 
county and township lines and railway crossings. 

Sec. 4456. [What the plat shall show.] The plat provided for 
in section forty-four hundred and fifty-four shall be drawn upon a 
scale sufficiently large to represent all the meanderings of the pro- 
posed improvement, and shall distinctly show the boundary line of 
each lot or tract of land, and of each road or railroad, to be benefited 
thereby, the name of the owner of each lot or tract of land as the same 
appears upon the tax duplicate at the time, the authority or company 
having in charge or owning or controlling each public or corporate 
road or railroad, the distance in feet through each tract or parcel of 
land, together with such other matters as the county surveyor deems 
material; the profile shall show the surface, the grade line and the 
gradient fixed, and the county surveyor shall make and file with his 
report an itemized bill of all costs made in the proper discharge of 
his duties under this and the preceding two sections, and shall file his 
report with the county auditor within thirty days after making the 
survey and level. 

Sec. 4459. [Commissioners may change apportionment.] If the 

commissioners find that the apportionment, reported by the county sur- 
veyor, is unfair and unjust, and ought not to be confirmed, they shall 
so amend it as to make it fair and just, in proportion to benefits, and if 
necessary, in their opinion, they may adjourn the further hearing not 
exceeding twenty days, unless for good cause, further time is neces- 
sary, to a day to be fixed by them and go upon the premises, and view 
the same and apportion the entire cost of location, and construction or 
any part thereof, as may seem just and proper, but if parties, not in- 
cluded in the county surveyor's apportionment, or [are] found to be 
benefited, and are assessed by the commissioners, such parties shall be 
notified as provided in section four thousand four hundred and -fifty-seven, 



LAWS RELATING TO AGRICULTURE. 137 

and the commissioners shall, on the day fixed in said notice, again 
meet at the auditor's office and determine the apportionment. 

Sec. 4459a. [Apportionment of assessment by auditor in case of 
subdivision, etc., of lands.] If at any time after the determination of 
the apportionment as provided for by section four thousand four hundred 
and fifty-nine, any lot of land upon which such assessment is made be 
subdivided or any part thereof be sold and transferred upon. the du- 
plicates, it shall be the duty of the auditor at the time he makes such 
transfer to apportion the amount of the assessment beween the owners 
of such lot or lands pro rata, according to the number of feet or acres 
thereof, that each may own, and certify the same to the treasurer, 
whose duty it shall be to collect such assessment from each of such 
owners as so certified. 

Sec. 4459A [Reapportionment by county commissioners.] If at 

any time after the apportionment by the auditor as provided for by 
section four thousand four hundred and fifty-nine (#), any person in- 
terested therein may apply to the commissioners for a reapportion- 
ment thereof at any regular, special or called session of the commis- 
sioners, whose duty it shall be to notify all parties interested of the 
time and place at which they will meet and determine such appor- 
tionment, at least ten days before such meeting, and apportion the 
same as they may deem just and proper; the provisions of this act 
shall apply to lands now assessed as aforesaid, and transferred upon 
the tax duplicate. 

Sec. 4460. [Application for compensation and damages, or for 
alteration of line.] At any time on or before the day set for hearing, 
as provided in section four thousand four hundred and fifty-two, any per- 
son or corporation whose lands are taken or affected in any way by 
such improvement may make application to said commissioners in 
writing for compensation or damages, and they, or any of them, may 
make an application in writing for a change or alteration of the line 
of the ditch through their premises, and a failure to make such appli- 
cation shall be deemed and held to be a waiver of all rights thereto. 

Sec. 4461. [Commissioners to fix compensation and damages; 
how computed.] The commissioners shall upon actual view of the 
premises fix and allow such compensation for lands appropriated as 
they may deem just and equitable, and assess such damages as will in 
their judgment accrue from the construction of the improvement, to 
each person or corporation making application therefor as provided in 
section four thousand four hundred and sixty, and without such applica- 
tion, to each idiot, insane person, or minor owning lands taken or 
affected by the improvement. But such compensation shall be com- 
puted without deduction for benefits to any property of such person or 
corporation ; and they may on the day set for hearing, at the time of 
the view of the premises provided for in this section, take into consid- 
eration the application for the change or alterations as provided for in 
section four thousand four hundred and sixty, and if they find that such 
change or alteration will be equally beneficial, they may order the 
county surveyor to go upon the line of the improvement and survey 
said change or alteration ; 



138 LAWS RELATING TO AGRICULTURE. 

[Expenses, how defrayed.] And all expenses attending the mak- 
ing said alteration and change, with the increased cost of construc- 
tion, if any, shall be charged to the party or parties benefited there- 
by, which shall be collected and paid by them as other assessments. 

[When compensation paid by county or jointly.] When the al- 
lowance for compensation and damages is fixed and determined as 
provided in this section, the commissioners shall consider and deter- 
mine according to their best knowledge and judgment the propor- 
tionate benefits to accrue from the construction of the proposed im- 
provement. If they shall find that the public health, convenience or 
welfare will be promoted by said improvement, and that the same is 
of sufficient importance to the public cause the damages and compen- 
sations which have been assessed to be paid out of the county treasury, 
they shall order the same to be so paid, or they may order a portion 
thereof to be paid by the county and the remainder by the benefited 
landowners, as they may deem just and equitable. 

[By landowners.] But if in their opinion such improvement is 
not of sufficient importance to the public to cause such damages and 
compensation, or any part thereof to be paid by the county, they shall 
fix and determine the proportionate amount thereof which should be 
paid by the several landowners benefited by the improvement. 

[Auditor to issue warrant; assessment.] And in either case the 
commissioners shall direct the auditor to issue an order on the county 
treasurer to each of the several claimants to whom compensation or 
damages was allowed for the amount due, and to enter on the ditch 
duplicate the amounts assessed against the several benefited land- 
owners for the payment of such compensation and damages, payable 
in the same ratio and manner as other assessments, and to be collected 
as other taxes. 

[How apportioned.] In the assessment for the payment of com- 
pensation and damages, whether the whole or a part thereof be ordered 
paid by the benefited landowners, the commissioners shall apportion 
the same on all the lots and lands, and public or corporate roads or 
railroads that will be benefited. 

[Aggrieved person; notice of appeal.] Provided, however, that 
if any person or corporation aggrieved by any final order or judgment 
of the commissioners shall at the final hearing before them, or within 
such time as may be provided by law, file a written notice of an inten- 
tion to appeal therefrom, no further proceedings shall be had and no 
payments shall be made as herein provided until said proceedings on 
appeal shall be finally disposed of and determined. 

Sec. 4462. [Exceptions before commissioners in proceedings to 
establish a county ditch.] A person or corporation, party to the pro- 
ceeding, may file exceptions to the finding of the commissioners that 
the improvement is necessary or will be conducive to the public health, 
convenience or welfare, and that the line described is the best route, 
or to the apportionment, or to any claim for compensation or damages, 
at any time before the time set for the final hearing of the report and 



LAWS RELATING TO AGRICULTURE. 139 

apportionment. The commissioners may hear testimony and examine 
witnesses upon all the questions made by the exceptions, and for that 
purpose may compel the attendance of the witnesses by subpoena, 
which the auditor shall issue on demand, and their decision on the 
exceptions shall be entered on the journal, and if they sustain the ex- 
ception, the cost of the hearing thereon shall be paid out of the coun- 
ty treasury, and if they overrule the same, such cost shall be taxed 
against the person or corporation filing the exceptions. 

Sec. 4463. [Who may appeal to the probate court, and how ap- 
peal perfected.] Any person or corporation aggrieved thereby may 
appeal from any final order, or judgment of the commissioners made 
in the proceeding and entered upon their journal, determining either 
of the following matters, viz. : 

1. Whether said ditch shall be conducive to the public health, 
convenience or welfare. 

2. Whether the route thereof is practicable. 

3. The compensation for land appropriated. 

4. The damage claimed to property affected by the improve- 
ment. 

And the appellant shall file with the commissioners, at the final 
hearing before them, a notice, in writing, of an intention so to do, and 
specifying therein the matter appealed from ; the commissioners shall 
fix the amount of the bond to be given by the appellant, and cause 
an entry thereof, and of the notice, to be made upon their journal ; the 
party appealing shall, within ten days thereafter, file with the auditor 
a bond, in the amount so fixed, with at least two sufficient sureties, to 
be approved by the auditor, conditioned to pay all the costs m/ade on 
the appeal in case the appellant fail to sustain the same, or the appeal 
be dismissed for any cause ; and the auditor shall make a complete 
transcript of the proceedings had before the commissioners, and cer- 
tify the same, together with all original papers filed in this office, and 
transmit them to the probate judge of the county within twenty 
days from the day of the final hearing. 

Sec. 4464. [Hearing of preliminary questions in probate court.] 

The probate judge shall file the transcript and the original papers, 
and docket the case, and the appellant shall be plaintiff therein, and 
the county commissioners and the petitioners defendants, and the case 
shall be so styled, and thereupon he shall fix a day not exceeding five 
days thereafter for the hearing - of all preliminary motions, and the ex- 
aminations of the papers so filed ; on the day so fixed, all preliminary 
motions shall be heard and determined, as well as all questions arising 
upon the record, and if he find that the proceedings are irregular in 
substance, or that the appeal has not been perfected according to law, 
he shall dismiss the appeal at the cost of the appellant and certify 
such dismissal, with his findings thereon back to the commissioners ; 
but the judge may, in his discretion, order and allow the correction of 
any technical defect, error or omission in such proceedings. 

Sec. 4465. [When jury to be drawn, and venire.] If the pro- 
bate judge find that the appeal is perfected, he shall thereupon fix a 



140 LAWS RELATING TO AGRICULTURE. 

day, not more than ten days from that date, for the trial of the case as 
appealed by jury and he shall immediately notify the clerk of the 
court of common pleas and the sheriff of the county, to meet at the 
clerk's office, and the clerk and the sheriff shall proceed at once, in the 
clerk's office, to draw from the jury-box the names of sixteen jurors; 
and the clerk shall make a list of the names so drawn, in the order 
in which they were drawn, and certify the same to the probate judge, 
who shall issue a venire, commanding them to appear on the day set 
for trial, at the hour of eight o'clock a. m., and deliver the same to 
the sheriff, who shall serve the same within five days thereafter and 
return the same on or before the day set for trial. 

Sec. 4466. [How panel to be filled.] On the trial the probate 
judge shall take the list of jurymen as furnished by the clerk, and call 
each name in the order in which it appears on the list, until twelve 
answer, when each shall be required to answer as to his qualifications 
as a juror; if any juror be challenged for cause, and be excused by the 
court, the next on the list shall be called, until the panel is full, when 
the plaintiffs shall have two and the defendants two peremptory chal- 
lenges ; and if the panel be not filled by the jurymen whose names 
appear on the list, the sheriff shall fill the panel from among the by- 
standers who have the proper qualifications. 

Sec. 4467. [How jury to be sworn.] The probate judge, shall 
administer to the jurors an oath, faithfully, impartially, and to the 
best of their ability, and from actual view of the premises along the 
whole route of the improvement, to examine and determine the par- 
ticular matters appealed from, and to render a true verdict according 
to the facts appearing to them from actual view of the premises, and 
the evidence, under the charge of the court. 

Sec. 4468. [View by and trial to the jury.] The sheriff, or his 
deputy, together with the surveyor or engineer who surveyed, leveled, 
apportioned and platted the improvement, may accompany the jury, 
and point out its route ; no other person shall be permitted to inter- 
fere in any way with the jurors in the discharge of their duty; and 
after the jury has fully examined the premises, and returned to court, 
either party may be heard, in person or by counsel, and may offer 
evidence to the jury, under the direction of the court, upon any matter 
given it specially in charge. 

Sec. 4469. [Form of the verdict.] The jury shall find and re- 
turn a verdict determining the matter or matters appealed from, being 
one or more of the following propositions, viz. : 

1. Whether said ditch will be conducive to the public health, con- 
venience, or welfare. 

2. Whether the route thereof is practicable. 

3. The compensation due each appellant for land appropriated. 

4. The damages due each appellant for property affected by the 
improvement. 

The jury shall return their verdict in writing, signed by the 
jurors ; as to said first and second propositions, it shall be necessary 
for only eight jurors to agree; as to the third and fourth, all must 
agree, and the jury may be polled as in other cases. 



LAWS RELATING TO AGRICULTURE. 141 

Sec. 4470. [Transcript to be sent to county commissioners.] 

The probate judge shall receive the verdict of the jury, and make a 
record thereof, together with all the proceedings before him, and shall 
thereupon tax the costs in favor of the prevailing party, and against 
the losing party; if more than one matter is appealed from, and a 
party prevails as to one, and loses as to another, the court shall de- 
termine how much of the costs such party shall pay, but the costs on 
motions, continuances, and the like, shall be taxed and paid as the 
court may direct. If there are several parties, upon the side taxed 
with costs, the court shall apportion the costs equitably between 
them. Said judge shall,* immediately after the trial, make a tran- 
script thereof, certify and transmit the same, together with all the 
papers in the case, with the bill of costs made in the probate court, 
to the auditor of the county, who shall thereupon notify the com- 
missioners to meet at the auditor's office within five days from the 
date of the notice to determine the matters growing out of the appeal 
and verdict. 

Sec. 4472. [Costs when jury find for improvement.] If the 
jury find that the improvement is necessary, and the same will be con- 
ducive to the public health, convenience or welfare, and is practicable, 
the commissioners shall apportion the compensation and damages as 
directed in section (4461) forty-four hundred and sixty-one. They 
shall also assess and apportion the costs as directed by the probate 
court, and order the auditor to place the same on the duplicate to be 
collected as other taxes, and may in addition thereto, sue upon the 
bond given for the payment of costs, and execution may be sued out 
of the probate court for the collection of any costs taxed against any 
party, as is provided in section forty -four hundred and seventy. Any 
costs taxed against the commissioners shall be paid out of the general 
county ditch fund. 

Sec. 4473. [Costs when probate court confirms assessment.] If 
by the final decision in the probate court, any claimant of compensa- 
tion and damages do not obtain a greater sum than was allowed and 
awarded to him by the order of the commissioners from which he ap- 
pealed, he shall pay all costs created by his appeal so far as the court 
can ascertain the same. And the commissioners shall assess and ap- 
portion the compensation and damages found by the jury, as directed 
in section (4461) forty-four hundred and sixty-one, and the commis- 
sioners shall assess and apportion the costs as directed by the probate 
court, which shall be collected and paid as directed and provided in 
section forty-four hundred and seventy-two. 

Sec. 4474. [Several appeals may be tried together.] If more 
than one party appeal, the probate judge shall order the cases to be 
consolidated and tried together, and the rights of each party as to 
compensation or damages shall be separately determined by the jury 
in its verdict. 

Sec. 4475. [When and how commissioners to sell out work.] In 

cases where appeals have been taken after the transcript of the pro- 
ceedings before the probate judge, and all other papers in the case 
are returned to the auditor's office, the commissioners shall cause such 



142 LAWS RELATING TO AGRICULTURE. 

entry to be made on their journal as may be necessary to give effect 
to the verdict, and findings of the jury, and in such cases and in cases 
where no appeals have been taken, they shall fix a time for the sale of 
the construction of the improvement at public outcry in sections not 
less than one hundred feet nor more than sixteen thousand feet in 
length, or said construction and improvement may be sold as an en- 
tirety in the discretion of the county commissioners and county sur- 
veyor or engineer, and shall cause notice to be given of the time and 
place of the sale, and direct the county surveyor to attend at the time 
and place of sale to superintend and conduct the -same, and shall re- 
ceive all bids for the construction of the improvement, and make con- 
tracts with the lowest responsible bidder, and take good and sufficient 
bonds for the labor of the construction of the improvement, condi- 
tioned for the faithful performance of the contract so made, and for 
the completion of the work within time fixed in the contract in a sum 
not less than the estimated value of the part bid off, and contracted 
to be performed by each, and said county surveyor shall furnish each 
contractor with specifications of the part bid off by him. (O. L. v. 97, 

P-3"0 

Sec. 4475a. [Sale of work when cost is estimated at $500 or 
more per mile.] That when the estimated cost of construction of a 
ditch or ditch improvement shall be five hundred dollars or more per 
mile, and a petition shall be filed with the board of commissioners, 
signed by persons who are tax payers and who are assessed for the 
construction of said ditch or ditch improvement, representing two- 
thirds (2-3) of the amount of the estimated cost of the construction of 
said ditch or ditch improvement, the commissioners may advertise and 
sell the same as an entirety, or in one or more sections of not less than 
five hundred feet, but in all other respects they shall be governed by 
the provisions of said section 4475. 

Sec. 4475-1. [Providing for inspection of drain tile.] The county 
surveyor shall be authorized to receive bids for drain tile or ditch 
pipe, generally, at the same time and place as the balance of the ditch 
improvement. Said county surveyor shall, on or before thirty days 
after delivery, count and inspect such tile or pipe, and for such that 
are first class, merchantable, good tile or pipes, and in every particular 
complying with the contract and specification, he shall issue his certi- 
ficate showing the acceptance of the same. The auditor shall, upon 
presentation of such certificate to him, draw his warrant on the treas- 
urer of the county for the full amount, and the county treasurer shall 
pay the same out of any fund in the treasury applicable to such pur- 
pose. 

Sec. 4476. [The sale, bonds of bidders, etc. ; contract and bonds 
filed with auditor; liability, etc.] No bid shall be entertained which 
exceeds the estimated cost of construction ; the county surveyor shall 
sell, first, the job or labor of construction of the working section of the 
outlet or mouth of the improvement, and fix a day when the job shall 
be completed, not exceeding in any case, one hundred and fifty days 
from the day of sale, and shall then sell each remaining working sec- 
tion in its order, up stream, and require the labor on each to be com- 
pleted within a time so fixed that will, as nearly as practicable secure 



LAWS RELATING TO AGRICULTURE. 143 

an outlet for the water as each section is completed, but the com- 
missioners may, if the construction of such work will be facilitated 
thereby, authorize the sale or construction of such work, or either, to 
be made and performed in a different order and time from that here- 
inabove specified. The county surveyor shall make contracts and take 
bonds as aforesaid and report his doings to the commissioners within 
five days from the date of sale, and return the contracts and bonds to 
the auditor, who shall file and carefully preserve the same; the con- 
tracts and bonds shall be examined and approved or disapproved by 
the commissioners, who shall cause an entry of their decision to be 
made on their journal, and the contractors to be notified of the ap- 
proval or disapproval of the contracts and bonds ; and the contractor 
for each job shall be liable, on his bond so given, for all delays after 
the expiration of the time named therein for the completion of the 
job, and for the payment of all damages which accrue by reason of the 
failure to complete the job within the time required in the contract 
therefor, and for the payment of all labor and material and for all 
debts incurred in the performance of this contract. All claims under 
this act shall be filed with the county surveyor before the expiration of 
the time for the completion of such contract. 

Sec. 4477. [County ditches; supervision of work and payment 
of contractors.] The work shall be done under the supervision of the 
county surveyor and when a part, not less than one-fourth of the 
portion thereof included in any contract is completed in accordance 
with the specifications, he shall' give to the contractor a certificate 
thereof, showing the proportional amounts which the contractor is 
entitled to be paid by the terms of his contract; and the auditor shall, 
upon the presentation of such certificate to him, draw his warrant on 
the treasurer for not more than seventy-five per cent, of the amount, 
and the treasurer shall pay the same out of any funds in the treasury 
applicable to such purposes ; or if the commissioners have determined 
to issue bonds for the construction of such work, they may, if the 
contractor consent, pay in bonds, but proportioned amounts shall 
not be certified or paid unless the whole job amounts to more than one 
thousand cubic yards. When the whole contract is completed, the 
entire price may be paid in the manner aforesaid. 

Sec. 4478. [County ditch; when contract for same not com- 
pleted; proceedings in case of damages.] Any job not completed 
within the time fixed in the contract and bond may be re-estimated by 
the county surveyor, and resold by him to the lowest possible bidder, 
or he may complete it at the expense of the contractor and bondsmen, 
but such jobs shall not be resold for a sum greater than such estimate 
or re-estimate, nor a second time to the same party; a contract and 
bond shall be entered into as hereinbefore provided, but the com- 
missioners may, for good cause, give further time to any contractor, 
not exceeding one hundred and twenty days ; the county surveyor shall 
fix a time for the completion of the work resold not exceeding one hun- 
dred and twenty days from the date of the bond. A person or corpora- 
tion who has sustained damages in consequence of the non-perform- 
ance of such work may bring suit for damages in any court of com- 
petent jurisdiction, against any contractor failing to perform his con- 
tract, or upon the bond of such contractor, and recover damages, as 



144 LAWS RELATING TO AGRICULTURE. 

provided by law in other cases ; and no contractor shall be prosecuted 
on his bond until the section below has been completed. 

Sec. 4479. [Commissioners to make assessments on benefited 
lands.] When the working sections of the .improvement are let, as 
hereinbefore provided, and the costs and expenses of location and con- 
struction, and all compensation and damages are ascertained, the com- 
missioners shall meet and determine at what time and in what num- 
ber of assessments they will require the same to be paid, and order 
that the assessments, as made by them, be placed on the duplicate 
accordingly, against all the lots or lands, or corporate roads or rail- 
roads assessed ; they shall also determine whether they will issue the 
bonds of the county to raise the money necessary to pay such costs 
and expenses, and if they so determine, the bonds may be issued for 
a term of years, not exceeding twenty, at a rate of interest not exceed- 
ing six per centum per annum, payable semi-annually; and they shall 
cause an entry to be made upon their journal, setting forth their find- 
ing and determination under this section. 

Sec. 4480. [Assessment for county ditches; how collected; issue 
of bonds to the amount of delinquencies.] When the commissioners 
make an assessment they shall cause an entry to be made, directing 
the auditor to make and furnish to the treasurer of the county a 
special duplicate with the assessment arranged thereon, as required by 
their order, and the auditor shall retain a copy thereof in his office, 
and all assessments shall be collected and accounted for by the treas- 
urer as taxes ; provided, that in cases when the assessments remain 
unpaid for one year after the same is placed upon the special duplicate, 
then, and in that case, to-wit, unless otherwise ordered by the county 
commissioners, the same shall be placed on the general duplicate for 
collection, together with a penalty of not less than six per cent, an- 
nually as county ditch taxes, and the amount of delinquent tax thus 
placed on the general duplicate shall be charged respectively to the 
several ditches on account of which such assessments have been made 
as a transfer from the county ditch fund. And the commissioners are 
hereby authorized to issue county ditch bonds not exceeding the 
amount of such delinquencies, after each semi-annual settlement be- 
tween the auditor and treasurer for a term of years not exceeding 
three, at a rate of interest not exceeding six per cent., payable semi- 
annually, and for the payment of which, both principal and interest, 
the faith of the county shall be pledged, and the money arising from 
the sale of such bonds shall be charged to the county ditch fund, and 
the commissioners, in their annual report to the court of common 
pleas, shall fully set forth the amount of tax transferred and bonds 
sold, as provided in this section. 

Sec. 4481. [Assessments when county bonds are to be issued.] 

If the commissioners determine to issue bonds of the county for the 
money necessary to meet the expense of construction of any ditch, 
they shall make an assessment upon all the lots, lands, public or cor- 
porate, roads or railroads, benefited by the improvement in proportion 
to the apportionment hereinbefore provided for, sufficient to pay the 
costs of location and the first year's interest, and including the fees 
of the surveyor or engineer made after locating, in superintending 



LAWS RELATING TO AGRICULTURE. 145 

the construction of the improvement, and order the same to be placed 
upon the duplicate for collection ; and they shall, thereafter, make 
such assessments as may be required to raise the money for the 
prompt payment of such bonds. 

Sec. 4482. [The form of such bonds.] The county commission- 
ers shall issue such bonds of the county in amounts as determined by 
them, payable out of the funds arising from such assessments, and 
bearing interest as hereinbefore provided; said bonds shall be signed 
by the county commissioners and countersigned by the county auditor, 
who shall affix his seal thereto; such bonds shall not be sold for less 
than their par value, and the money arising from such sale shall be 
used for no other purpose than the construction and expense of said 
improvement. 

Sec. 4483. [A municipal corporation may present a petition.] 

The council of a municipal corporation may, by resolution, authorize 
the mayor to present a petition, signed by him officially, and a bond, 
to the county commissioners, to locate and construct a ditch described 
in the resolution, or such council may authorize the mayor to sign 
officially a petition and bond for a ditch, to be presented by parties 
interested whose lands are without the limits of the corporation, when- 
ever the improvement will be conducive to the public health, conven- 
ience, or welfare, of the whole or any portion of the inhabitants of the 
corporation ; in such case the commissioners shall count the municipal 
corporation as an individual petitioner, and may direct the surveyor 
or engineer to locate the improvement in accordance with the petition, 
whether wholly within or wholly without, or partly within and partly 
without, the limits of the corporation ; and the surveyor or engineer, 
in making his schedule of lots and lands benefited, may enumerate 
such lots and lands within or without the corporate limits as are es- 
pecially benefited, and also the municipal corporation for benefits to 
the health and welfare of its inhabitants. 

Sec. 4484. [The whole or a part of a municipality may be con- 
sidered a single tract.] When the improvement equally drains or 
otherwise benefits the whole of the territory within the limits of a mu- 
nicipal corporation, or any part thereof, the surveyor or engineer, or 
the commissioners, or the jury, if a jury be called, may consider and 
treat such territory as a single parcel of land; and any sum appor- 
tioned thereto shall be apportioned by the county auditor to the lots 
or lands included therein, according to the valuation thereof for. tax- 
ation. 

Sec. 4485. [Notice to municipal authorities, and proceedings 
thereafter.] If the proposed improvement passes through or into a 
municipal corporation the mayor of which has not signed the petition 
therefor as provided in the preceding section, the mayor shall be 
notified of the pendency of the petition in the same manner and at the 
same time that the commissioners are required by section forty-four 
hundred and fifty-two to be notified; the mayor shall notify the coun- 
cil of the pendency of the petition, at its next regular meeting, or, if 
necessary, call a special meeting of the council for that purpose; and 
thereupon the council shall appoint a committee of its members, or the 

10-F. H. B. 



146 LAWS RELATING TO AGRICULTURE. 

engineer of the corporation, or both, to meet the commissioners, at 
the time and place of their meeting and view, and confer with them 
in regard to the improvement. 

Sec. 4487. [Penalties against officers for neglect of duty.] If 

an engineer or auditor, or a commissioner or probate judge, neglect or 
refuse to perform any duty imposed upon him by the provisions of this 
chapter, he shall forfeit and pay a fine of twenty-five dollars for every 
such neglect, to be recovered before any officer having competent juris- 
diction, in the name of the state, for the benefit of the common schools 
of the county, at the suit of any person aggrieved thereby. 

Sec. 4488. [Application when proposed ditch in more than one 
county.] When a ditch or improvement is proposed, which will re- 
quire a location in more than one county, application shall be made to 
the commissioners of each of said counties, and the surveyor or en- 
gineer shall make a report for each county; application for damages 
shall be made, and appeals from the finding of the commissioners, in 
joint session, locating and establishing such ditch, and from the 
assessment of damages or compensation, shall be taken to the probate 
court of the county in which the greatest length of such ditch or im- 
provement is located; and a majority of the commissioners of each 
county, when in joint session, shall be competent to locate and estab- 
lish such ditch or improvement ; but no commissioner shall serve 
in any case in which he is personally interested ; and any two com- 
missioners may form a quorum for the transaction of business under 
this chapter, of their respective counties ; provided, further, that when 
any two or more commissioners of any county are personally interested 
in any improvement upon which, or in the location and establishment 
of which, they are called upon to act, the auditor, probate judge and 
recorder of said county shall appoint a suitable person to act in the 
place of each commissioner so interested, "and their acts shall have the 
same force and effect in such cases as though they were commissioners 
of said county for which they are appointed to act, and the persons so 
appointed shall receive the same compensation as the county commis- 
sioners for like services. 

Sec. 4488a. [Joint county ditches; apportionment of cost.] If 

the commissioners in joint session find in favor of the proposed im- 
provement, and are unable afterwards to agree as to the proportion of 
the costs of location and constructing the improvement, which shall 
be assessed in each of the counties, respectively, the board of commis- 
sioners of either county may petition the court of common pleas of their 
county for the appointment of three disinterested freeholders, not res- 
idents of either of said counties w r ho shall within thirty days there- 
after, after being duty sworn and upon actual view of said improve- 
ment, estimate and report to said court the amount which should be 
charged to the land in each county interested in said improvement re- 
spectively. The commissioners making the application shall be plain- 
tiffs, and the commissioners of the other counties shall be defendants. 
The court wherein such petition is first filed shall have exclusive juris- 
diction. Either of the parties may, within ten days after the filing of 
said report, file exceptions thereto, and the court shall confirm, modify 
or set aside said report and appoint other freeholders, as justice may 



LAWS RELATING TO AGRICULTURE. 147 

require. Costs, including allowance to said freeholders shall be 
charged to the parties as the court may determine. After final deter- 
mination the clerk of said court shall send a transcript of said pro- 
ceedings duly certified to the commissioners of each county, who shall 
make the apportionment of costs of location and construction as in this 
chapter provided, giving to the property in each county the amount so 
determined in the court proceeding, including costs. 

Sec. 4489. [When a change of route authorized.] The com- 
missioners, if they find the route proposed is not such as best to effect 
the object sought, or that the proposed drainage can be effected as 
well in connection with a ditch necessary for the improvement of 
public highways already established, or such as may be thereafter re- 
quired, shall proceed to establish the route; if the route proposed is 
upon a line or subdivision of sections where a public road may be re- 
quired, and in all cases in which the route proposed is along high- 
ways already established, the commissioners shall locate the improve- 
ment at a sufficient distance from the center of such highways to admit 
of a good road along such central line ; the earth taken from the 
ditch may be thrown upon the adj : premises or the highway, as 

the commissioners shall determine and order, and no part of such 
earth shall be placed nearer to the ditch than two feet; and the com- 
missioners, in locating ditches, shall in all cas "ar as practicable, 
avoid running the same diagonally across sections or parts of sections. 

Sec. 4490. [The collection of taxes or assessments not to be en- 
joined.] The collection of levied or ordered to 
be levied, to pay for the location or construction of any ditch, shall not 
be perpetually enjoined, nor declared absolutely void, in consequence 
of any error committed by the surveyor or engineer, the county audi- 
tor, or the county commissioners, in the location or establishment 
thereof; nor by reason of any error or informality appearing on the 
record of the proceedings to locate or establish the same ; nor by rea- 
son of any error committed by the surveyor or engineer, the county 
auditor, or county commissioners, in respect to the letting of uncom- 
pleted work, or the levy of any tax or assessment for the labor and ex- 
pense of construction of any uncompleted portion, section, or allot- 
ment of any such ditch. 

Sec. 4491. [How far proceedings may be declared void.] The 
court in which any proceeding is brought to recover any tax or assess- 
ment paid, or to declare void the proc to locate or establish any 
ditch, or to enjoin any tax -sment levied or ordered to be levied, 
to pay for the labor and expense aforesaid, shall, if there is manifest 
error in the proceedings .allow the plaintiff in the action to show that 
he has been injured thereby, and may, on application of either party, 
appoint such person or persons to examine the premises, or to survey 
the same, or both, as may be deemed necessary; the court in which any 
such proceedings are begun shall allow parol proof that said improve- 
ment is necessary and will be conducive to the public health, conven- 
ience, or welfare, and that ah; equired by law for any improve- 
ment have been substantially complied with notwithstanding the rec- 
ord required to be kept by any board or officer ; and without finding 
error, the court may correct any gross injustice in the apportionment, 



148 LAWS RELATING TO AGRICULTURE. 

made by the commissioners; the court shall, on final hearing, make 
such order in the premises as shall be just and equitable, and may order 
that such tax or assessment remain on the duplicate for collection, or 
order the same to be levied, or may perpetually enjoin the same, or any 
part thereof, or, if the same has been paid under protest, may order 
the whole or such part thereof, as is just and equitable, to be refunded ; 
and the cost of such proceeding shall be apportioned among the par- 
ties, or paid out of the county treasury, as justice requires. 

Sec. 4492. [An old ditch may be repaired in the same proceed- 
ing.] The county commissioners may hear and determine, at the 
same time, and under the same petition the necessity of locating any 
new ditch, or a ditch partly old and partly new, or of deepening, widening, 
straightening, or altering any old ditch, as the necessity of the case re- 
quires, and shall cause such entry to be made on their journal as in 
their judgment is required ; all estimates, either by the surveyor or 
engineer, or by the commissioners, shall be made in the manner pro- 
vided in this chapter ; no assessment shall be made to any lands upon 
any principle other than that of benefits derived, and in proportion 
thereto in deepening, widening, straightening, or altering any ditch, 
and no lands lying below shall be assessed for the benefit of lands lying 
above ; but all assessments shall be made in proportion to the benefits 
derived. 

Sec. 4493. [When township trustees may apply for ditch.] The 

trustees of any township, may on written application signed by twelve 
or more resident land owners of the township, if, in their opinion, the 
interest of the township demands it, cause the petition and bond here- 
inbefore provided for to be filed on behalf of the township ; in such case 
the proceedings before the commissioners and probate court shall be 
the same in every respect, and the duties of the auditor, and of the sur- 
veyor or engineer, shall be the same, and be discharged in the same 
manner as if the petition and bond were filed by a private party; and 
every act necessary to secure the location, establishment, and construc- 
tion of any new improvement, or in the deepening, widening, straight- 
ening, cleaning out, alteration, or vacation of any ditch, may be per- 
formed by order of the commissioners, on such petition and bond. 

Sec. 4494. [Commissioners shall require surveyor or engineer to 
give bond.] The commissioners shall require each surveyor or engi- 
neer appointed by them under the provisions of this chapter, to enter 
into a good and sufficient bond, covering all the ditches upon which he 
may be appointed, with surety to be approved by them, conditional for 
the faithful performance of his duties, in a sum -to be fixed by the com- 
missioners ; and an action may be brought on such bond by any person 
aggrieved by a failure of the surveyor or engineer to do his duty in 
the name of such party, and recovery may be had for his use and bene- 
fit; but if the county surveyor shall be appointed by the commissioners, 
under the provisions of this chapter, he shall be liable upon his 
official bond for the faithful performance of his duties, and an action 
may be. brought on such bond as aforesaid. 

Sec. 4495. [Commissioners may require any bridge or culvert 
to be enlarged.] The commissioners of any county, at any regular 



LAWS RELATING TO AGRICULTURE. 149 

or called session, may in the manner provided in this chapter, so far 
as applicable when the same is necessary to the public health, conven- 
ience or welfare, cause to be located, constructed, deepened, widened 
or enlarged any bridge or culvert, made necessary by the crossing of 
any ditch, drain, watercourse or stream of water, by any railroad, turn- 
pike, plank road, or other road, of any corporation, at the expense of 
said corporation, and the necessity for making any improvement herein 
provided for, may be heard and determined at the same time and under 
the same petition as provided for in section 4447 of this chapter. 

[Dimensions of improvement determined by commissioners; cor- 
poration affected to make same.] If the commissioners find for the 
improvement, they shall, by an order entered on their journal, deter- 
mine the dimensions of said improvement and that said improvement 
shall be made by the corporation affected thereby, within three months 
from the making of such order according to the plans and specifica- 
tions, and of such materials, as the board may approve and select. 

[Failure of corporation to make improvement.] Provided, that 
if said corporation shall not within ten days from the date of such or- 
der, in writing, elect to make said improvement as ordered, such fact 
shall be taken as a refusal to do the "same, and thereupon, the county 
commissioners shall at once by an order duly entered upon their jour- 
nal, specify the materials to be used in the construction of said im- 
provement, and directing the county surveyor, or an engineer, to make 
suitable surveys and to prepare plans and specifications for the mak- 
ing of said improvement so ordered, which shall be filed with the coun- 
ty auditor within twenty days from the making of such order, who 
shall thereupon fix a date for a hearing thereon. 

[Exceptions to plans and specifications, etc.] At any time on or 
before the day set for said hearing said corporation may, in writing, 
file exceptions to said plans and specifications, or ask for any change 
or alteration thereof, and of the materials out of which the same is 
ordered to be constructed, which may be granted or refused by said 
commissioners as may seem just and proper. 

[Letting of improvement; costs assessed against corporation.] 

Upon the approval of such plans and specifications as made, or as may 
be changed at said hearing, the commissioners shall, at once, proceed 
to fix a time for the letting of said improvement by bids as provided in 
section 4475 of this chapter, and as soon as said improvement is com- 
pleted assess said corporation with the cost of constructing and letting 
the same, and such assessment shall be a lien upon the property of the 
corporation, and be collected as other taxes, or they may order the 
same to be collected from such corporation by an action at law, as they 
deem proper. Such corporations shall be served as in other cases. 

Sec. 4499. [The commissioners may vacate a ditch.] The com- 
missioners may, on the proper petition and bond being filed, and the 
same notice being given as is required in cases of the location of a 
ditch, declare any ditch, whether located by the county commissioners, 
or by the trustees of a township, vacated and abandoned, and its loca- 
tion and establishment to be held for naught, if, in their judgment, the 



150 LAWS RELATING TO AGRICULTURE. 

same has ceased to be of public utility, and the public health, conven- 
ience, or welfare no longer demands the maintenance thereof; but 
private rights of persons acquired by reason of the location and estab- 
lishment of such ditch shall not be interfered with nor in any way 
impaired thereby. 

Sec. 4500. [When a ditch becomes a public water-course.] When 
a ditch has been established and constructed for the public health, con- 
venience, or welfare, either by private agreement between two or more 
individuals, whose real property has been affected thereby, or by a 
board of township trustees, or [by] a board of county commissioners, 
and such ditch has been used for the purpose of drainage of private 
lands or public highways for seven years or more, without obstruction 
or interruption, the same shall be, and hereby is declared to be a public 
water-course, notwithstanding errors, defects, or irregularities in the 
location, establishment, or construction of the same, and such public 
water-course shall, in all respects, be considered and treated as a nat- 
ural water-course, and the public shall have and possess, in and to 
such public water-course, the same rights and privileges which pertain 
and relate to natural water-courses. 

Sec. 4501. [General levy for ditch fund; proceedings when com- 
pensation or damages are awarded ; auditor to draw warrant on county 
treasurer for amount of award.] The commissioners shall, annually 
if necessary, at their March session, levy upon the grand duplicate of 
the county a tax not to exceed five-tenths of one mill on the dollar, 
sufficient to pay for the location and construction of such portions of 
the respective ditches located by them, or by the commissioners, of two 
or more counties as may be apportioned to the county, and they shall 
pay out of any fund applicable to such purposes, any sum assessed upon 
land owned by the county. In all proceedings which have been, or shall 
be commenced under this chapter, wherein compensation and damages, 
or either, has been or shall be awarded by the commissioners, under 
section forty -four hundred and sixty-one, or by a jury on appeal to the 
probate court, an amount of the county general ditch improvement 
fund, in the county treasury, sufficient to satisfy the same, shall be set 
apart and held as a deposit of money to secure and be subject to the 
payment of the same; and if in any such case there shall be an insuffi- 
cient amount of such ditch improvement fund unappropriated in the 
treasury for such security and payment, then an amount of the general 
revenue fund in the county treasury, equal to such deficiency, together 
with such unappropriated residue of said ditch improvement fund, 
if any, shall be set apart and held for said purposes ; and the commis- 
sioners shall, before the property for which compensation and damages 
has been awarded, shall have been actually taken and occupied for 
the purpose of its appropriation, order the auditor on demand of the 
corporation or person entitled thereto, to draw his warrant on the 
county treasury for the amount of such award, stating therein on what 
fund it is drawn, and deliver the same to the party so entitled, which 
shall be paid out of the county treasury ; and all sums so paid shall be 
apportioned, assessed and reimbursed to said funds from the collection 
of assessments for compensation and damages as provided in sections 
four thousand four hundred and seventy-nine, and four thousand four 
hundred and eighty, of the Revised Statutes. And said original sec- 
tion four thousand five hundred and one is hereby repealed. 






LAWS RELATING TO AGRICULTURE. 151 

Sec. 450K7. [Duties of commissioners when awards are made.] 
When all compensation and damages are ascertained, the commission- 
ers shall meet and determine whether they will issue the bonds of the 
county to raise money necessary to pay such compensation and dam- 
ages, or any part thereof; and if so determined, the bonds shall be is- 
sued for a term of years, and at a rate of interest, as provided for the 
issuing of bonds, [in] section four thousand four hundred and seventy- 
nine, which bonds shall not be sold below their par value. 

Sec. 4501b. [Bonds, how paid.] The bonds provided for in this 
act, together with interest thereon, shall be paid as they respectively 
fall due, out of the county general ditch improvement fund. 

Sec. 4502. [Township levy for ditch purposes.] The trustees 
of any township to which is apportioned by the county commissioners, 
under the provisions of this chapter, any portion of the expenses of the 
construction of any ditch improvement, shall, annually, levy upon the 
grand duplicate of the township a tax, sufficient, in their judgment, to 
pay such apportionment, but not to exceed five-tenths of one mill on y 
the dollar, and certify the. same to the county auditor on or before the 
fifteenth day of May. 

Sec. 4503. [When board of education may levy to pay assessment.] 
The board of education of any district interested in land granted by 
congress for the support of common schools, unless such lands have 
been permanently leased, and of any district owning or holding other 
land for school purposes, shall, when an assessment is made upon such 
land, or any part thereof, under the provisions of this chapter, pay such 
assessment out of the contingent fund of the district, and may, if 
necessary for that purpose, increase the levy for such fund otherwise 
authorized by law. 

Sec. 4504. [Auditor to make a record of ditch proceedings.] The 

auditor shall make, in a suitable book to be provided for that purpose 
at the expense of the county, a complete record of each ditch im- 
provement made in his county under the provisions of this chapter, 
which shall include the petition, bond, reports of the surveyor or engi- 
neer, and all journal entries made, together with all plats and other 
papers necessary to show a complete history of all that is done in each 
case up to and including the final order made by the board. 

Sec. 4505. [Auditor to keep ditch accounts.] The commission- 
ers of any county wherein a ditch improvement is ordered, whether the 
same is the construction of a new ditch, or the deepening, widening, 
straightening, or alteration of an old ditch, shall provide a suitable 
book in which to keep the ditch accounts of the county ; the auditor 
shall open therein an account with each improvement, in the name by 
which the same is known, and charge all assessments and credit all. 
payments made in the case ; the money collected on each improve- 
ment shall constitute a special fund ; and the provisions of this section 
shall apply in cases of ditches located by the commisioners of more 
than one county in joint session. 



152 LAWS RELATING TO AGRICULTURE. 

Sec. 4506. [County ditches ; fees and costs.] The following fees 
shall be allowed for service actually rendered under the provisions of 
this chapter: 

The county commissioners, each, three dollars per day. 

The -county auditor, for filing each paper belonging in the case, 
three cents ; for recording each hundred words, three figures to count 
as one word, excluding calculations not necessarily included in the 
record, six cents ; for each copy, including certificate, when necessarily 
a part of the copy, and for all notices, six cents for each hundred 
words, three figures to count as one word, but he shall receive no fees 
for printed notices ; for each warrant drawn on the county treasurer, 
and for each certificate, three cents ; for each tabular statement fur- 
nished the printer, six cents per hundred words, three figures to count 
as one word ; and for each copy of specifications furnished, six cents 
per hundred words, three figures to count as one word, to be paid by 
the party demanding the same. 

The probate judge, for docketing each case, for each party, five 
cents; for issue of venire, with-- seal, fifty cents; for each subpoena 
with only one name, five cents, and three cents for each additional 
name therein ; for each journal entry, six cents per hundred words, and 
for copies duly certified, including seal, six cents per hundred words ; 
for swearing each witness, five cents ; certifying each witness, three 
cents, and entering attendance of each witness, three cents ; for swear- 
ing jury, fifteen cents ; taking affidavits, fifteen cents ; for filing each 
paper originally filed in probate court, and including transcript, three 
cents ; for issuing transcript of proceedings in probate court, six cents 
per hundred words, including certificate and seal; for certifying fees 
to auditor, three cents for each person named, including jurors ; and 
for all items not herein specified, the same fees as are allowed by law 
for like services in other cases. 

The sheriff, for serving and returning each summons, when only 
one defendant is named therein, thirty-five cents, and for each ad- 
ditional name twenty cents ; for copy of summons, duly certified, forty- 
five cents ; for serving and returning a subpoena, fifteen cents for each 
person named therein ; for serving and returning venire for jury travel- 
ing fees included to be paid- by the county, four dollars, and for calling 
each talesman to fill the panel fifteen cents ; for each day's attendance 
with the jury on the line of the ditch, three dollars, and for all other 
services required to be rendered by him the same fees as are allowed 
by law for like services in other cases. 

The jurors shall each receive, for each day's attendance, one dollar 
and fifty cents, and ten cents per mile from his place of residence to 
the county seat. 

The person appointed by the commissioners to examine and re- 
port as to the cleaning out of a ditch shall receive two dollars per 
day for each day actually employed therein, and in the examination of 
work performed. 

Witnesses, duly subpoenaed and in attendance, either before the 
commissioners, the auditor, or the probate court and jury, for each 
day's attendance, seventy-five cents, each, and five cents per mile from 
place of residence to county seat. The surveyor or engineer, five dol- 
lars per day for the time actually employed on the work designated 
for him to do, and necessary and actual expenses for the time so em- 
ployed. Each chainman, axman, and rodman, two dollars per day 



LAWS RELATING TO AGRICULTURE. 153 

for the time actually employed. All other hands necessary to the 
prompt execution of the work of locating the improvement, one dollar 
and seventy-five cents per day each. For printing, fifty cents per 
square for actual printed matter, for the first insertion, and twenty-five 
cents per square for each insertion thereafter, nonpareil estimate. 

Provided however that the fees herein provided for the auditor, 
probate judge and sheriff shall be paid into the proper fee fund. (O. 
L. v. 98, p. 296.) 

Sec. 4507. [How the same to be paid.] All fees under this 
chapter shall be paid out of the county treasury as soon as the bill of 
items thereof is examined and allowed by the commissioners, and the 
auditor shall issue orders therefor on such allowance ; and for all 
amounts so paid, except to the commissioners, auditor, and probate 
judge, the commissioners shall order the general county fund to be re- 
imbursed for the money raised for the respective improvements. 

Sec. 4508. [County ditch improvement fund created.] There 
shall be and is hereby constituted a county general ditch improvement 
fund, to consist of taxes collected on county and township levies, and 
all balances remaining unexpended of special ditch improvement 
funds, arising from excess of assessments made on ditch improvements 
after the expenses thereof have been fully paid. 

Sec. 4509. [Penalties for obstructing ditches; duty of county 
commissioners.] Whoever obstructs any ditch, or refuses or neglects 
to remove any obstruction heretofore by such person or persons placed 
in any ditch, or being the owner of any lands through which any ditch 
passes, obstructs, or permits such ditch to become obstructed, or di- 
verts the water from its proper channel, shall forfeit and pay to the 
county in which such ditch is situated, the sum of twenty-five dollars, 
to be recovered before any justice of the peace or other court having 
jurisdiction of the matter, in the name of the state of Ohio for the use 
of said county, which action may be instituted and prosecuted by the 
commissioners of such county, or any citizen thereof, or by any person 
whose lands shall [have] been assessed for the construction of such 
ditch, and shall also be liable for all damages that may accrue to any 
person, persons or corporation by reason of such obstruction, and each 
day that such obstruction shall be permitted to remain in such ditch 
after the person or persons who placed the same therein shall have 
had ten days' notice to remove the same, either by the county com- 
missioners of said county, the engineer in charge of said ditch, or by 
any person whose lands have been assessed for the construction or 
improvement of such ditch, shall constitute a separate offense under 
this section, and subject such offender to a penalty of twenty-five dol- 
lars for each such offense, to be recovered in the manner hereinabove 
provided. And on failure of such person or persons to remove such 
obstructions forthwith upon being notified as aforesaid, it shall be the 
duty of the board of county commissioners of such county forthwith 
to cause such obstructions to be removed, and charge the expense 
thereof to such person or persons, and collect the same from such per- 
son or persons by action in the name of said board of county com- 
missioners. 



154 LAWS RELATING TO AGRICULTURE. 

Sec. 4510. [When county commissioners may cause ditch, etc., 
to be altered or repaired; expense of, how apportioned.] The county 
commissioners on application of one or more freeholders actually bene- 
fited, shall have power in case the tOAvnship trustees refuse to act as 
provided for in section four thousand five hundred and fifty-two of the 
Revised Statutes of Ohio, as amended February 10, 1883 (O. L., vol. 
80, page 15), to cause any ditch or ditches, or any part or parts there- 
of, located and constructed under any law or laws, or any part of any 
creek', river or run that has been straightened, widened, deepened, or 
changed, under the provisions of this act, to be altered, deepened ,wid- 
ened, enlarged, repaired, boxed, or tiled ; and the same proceedings 
shall be had, so far as applicable, as is or would be required in the lo- 
cation or construction of the same by said commissioners. And in all 
cases the expenses thereof shall be apportioned in the same manner as 
is provided in the original construction of the improvement by them 
ordered to be made ; and the provisions of this chapter shall apply to 
ditch improvement petitioned for, located or in process of construc- 
tion at the time the same takes effect. 

DITCH IN MORE THAN ONE COUNTY. 

See also § 4488. 

Sec. 4510-1. [Duty of commissioners as to certain ditches.] In 

all cases where the commissioners of any county in this state shall 
cause to be constructed or enlarged, or cleaned, or repaired, any ditch, 
drain or watercourse, the water from which flows into an adjoining 
county or into or finds an outlet in any ditch, drain or watercourse 
constructed or being constructed in an adjoining county, and in all 
cases where the commissioners of any county in this state shall cause 
to be constructed, enlarged, cleaned out or repaired, any ditch, drain 
or watercourse, which is or may be an outlet for any ditch, drain 
or watercourse, of lands of an upper county, or which, by reason of 
any proposed improvement thereof, will provide better drainage or a 
more sufficient outlet for any [ditch] drain or watercourse, or lands 
of an upper county, and in all cases where the commissioners of any 
county in this state find it necessary to construct, or enlarge, or widen, 
or deepen, or clean out, any ditch, drain or watercourse of a lower 
county in order to secure a sufficient and proper outlet for a proposed 
ditch, drain or watercourse of an upper county, the commissioners of 
such upper county shall pay the commissioners of such lower county 
such sum as may be agreed upon by the conamissioners of both coun- 
ties, for the use and benefit of such outlet, which sum the commission- 
ers of said upper county shall apportion to the lands in their county, 
for whose benefit said ditch was, or is constructed, but before any 
work shall be begun in the construction, enlarging, cleaning out, or re- 
pairing of any ditch, drain or watercourse in either of said counties, 
the amount to be paid by the commissioners of the said upper county 
to the commissioners of said lower county for the use and benefit or 
burden of such outlet, shall be wholly agreed upon or determined, the 
sum which the commissioners of said upper county shall pay 
to the commissioners of said lower county shall be deter- 
mined at a joint meeting of the commissioners of the said upper and 
lower counties, upon the line, or proposed line of said ditch, drain or 



LAWS RELATING TO AGRICULTURE. 155 

watercourse, and the refusal of a majority of the board of commis- 
sioners of either of said counties to agree, or failure by them to meet, 
act, or take part in a meeting with the commissioners of the other 
county, upon ten days' notice by the commissioners of either of the 
said counties upon the commissioners of the other county, to deter- 
mine what sum the commissioners of said upper county should pay 
the commissioners of said lower county, shall be prima facie evidence 
of their failure to agree or pay, and ditches, drains or watercourses 
which provide drainage, or when constructed will provide drainage for 
lands in more than one county, may be constructed, enlarged, cleaned 
out or repaired, as provided in this act, and the laws prescribed for 
constructing, enlarging, cleaning out or repairing single county 
ditches, drains or watercourses. 

Sec. 4510-2. [Proceedings on failure to agree or pay.] On failure 
to agree or pay, as provided in the preceding section, the commission- 
ers of either of said counties may commence in the probate court of 
either of said counties within twenty days of the meeting mentioned 
in the preceding paragraph, their action against the commissioners 
so failing to agree or refusing to pay, setting forth the fact that pro- 
ceedings have been begun for any such improvement, and the reason 
why the commissioners of the upper county should pay to the com- 
missioners of the lower county, a compensation for such outlet, or pro- 
posed outlet, and the failure to agree or pay, as provided in the preced- 
ing paragraph, and praying for the relief herein (after) provided for. 
Said probate court, before whom said action is commenced, shall, with- 
in ten days after the filing of a petition setting forth the above facts, 
issue a summons directed to the sheriff of the other of said counties, 
who shall be commanded therein to notify the president of the board of 
commissioners of said other county, that an action has been com- 
menced in accordance with section 2, 4510-2, of this act. Said sum- 
mons shall contain a copy of the petition, and the time and place of 
hearing, be served and returned as in other cases, and such service 
shall be not less than ten days before the day of hearing. Proceedings 
after service and return shall be the same as in other similar cases, be- 
fore probate court. 

Sec. 4510-3. [Further proceedings on failure to agree or pay.] 

The court being satisfied of the existence of proceedings for any 
such improvement, and the failure to agree or pay as aforesaid, shall 
appoint two disinterested freeholders, not residents or owners of real 
property, of either of said counties, and immediately notify the pro- 
bate court of the other county interested in said ditch or ditch im- 
provement, who shall, in like manner, appoint two other freeholders 
not residents or owners of real property in either county, and notify 
the court in which such proceedings were commenced, giving names 
and postofnce address of those appointed, and the said court in which 
proceedings were commenced shall, within ten days thereafter, notify 
said four persons thus appointed, giving them full and explicit in- 
structions, and the time and place of meeting, who shall, within thirty 
days thereafter, upon actual view of the outlet ditch, or of the territory 
to be drained by any such proposed improvement, and of the ditch or 
ditches in the upper county, and of the land to be drained in the up- 
per county, whose waters flow into said outlet, or which will flow into 



156 LAWS RELATING TO AGRICULTURE. 

any such proposed outlet or proposed improvement thereof, estimate 
and report to the court the amount which should justly be paid by 
said upper county to said lower county for the use and benefit of said 
outlet ditch, or for any improvement thereof, which order of appoint- 
ment, together with full and explicit instructions to said appointees, 
shall be entered on the journal of said court, and a copy thereof sent 
forthwith by the clerk to each of said appointees. Provided, that if 
said board of four freeholders shall not be able to agree upon the 
amount to be paid by said upper county to said lower county, then 
they shall call to their assistance one other freeholder who shall not be 
a resident or owner of real property of either of said counties, and the 
said five freeholders shall forthwith proceed to determine the amount 
of damages the said upper county shall pay to the said lower county, 
and report the same as herein provided. 

Sec. 4510-4. [Abandonment by commissioners of upper county.] 

The commissioners of the upper county referred to in section three 
[§(4510-3)] of this act, may abandon any such proposed improve- 
ment, if in their judgment the benefits to be derived from said pro- 
posed improvement are not of sufficient value to warrant the expendi- 
ture of money required for the construction of said proposed improve- 
ment together with the damages assessed under section three [§(4510- 
3)] of this act. 

Sec. 4510-5. [Compensation of commission.] The court shall fix 
the compensation of the appointees aforesaid, which compensation 
shall be taxed as costs in the case, and shall be paid out of the treasury 
of the county against whose commissioners the costs are adjudged. 

Sec. 4510-6. [Expense; how apportioned.] The court shall order 
the commissioners of the upper county to apportion and assess the 
amount mentioned in said report, together with entire expense of these 
proceedings, to the land in said county, in the same ratio as the ex- 
pense of constructing said ditch or ditches in said upper county was 
apportioned and assessed; and the court shall further order said com- 
missioners to cause the sums so apportioned to the respective tracts of 
land in said upper county to be placed on the special duplicate of said 
county against such lands for collection. If proposed improvement 
be abandoned the court shall order the commissioners of said upper 
county to pay the costs of proceedings under section three [§(4510-3)] 
of this act, said cost to be apportioned and placed on the special dupli- 
cate, in same manner that cost of improvement would have been ap- 
portioned and placed on the special duplicate, provided nothing here- 
in contained shall be construed to affect any existing litigation. 

Sec. 4510-7. [Collection by treasurer.] The treasurer of said 
county shall collect said sum as other taxes are collected, and pay 
the same to the treasurer of the said adjoining county, upon the war- 
rant of the auditor of said county. 

Sec. 4510-8. [Outlet may be enlarged when necessary.] The 

funds so paid shall be used in the enlargement of said outlet ditch, if 
an enlargement thereof be necessary on account of the additional 
water emptied into it from the upper county, or for the construction of 
an outlet ditch in the lower county if none exists. 



LAWS RELATING TO AGRICULTURE. 157 

Sec. 4510-9. [Duty of township trustees.] Whenever the trus- 
tees of any township shall construct a ditch which empties its water 
onto an adjoining county, or into any ditch, drain or watercourse con- 
structed therein, the same agreement hereinbefore provided for be- 
tween the commissioners of counties may be made and carried out, by 
and between the commissioners of such adjoining county and said 
trustees, and on failure to make or carry out such agreement, the com- 
missioners of the county upon or into which said water is emptied, 
may commence and maintain the same proceedings against said trus- 
tees as are hereinbefore provided for between the commissioners of 
adjoining counties ; and the funds to be paid by such trustees to the 
lower county shall be assessed by said trustees and collected in the 
manner now prescribed by law for collecting assessments for con- 
structing township ditches. 

Sec. 4510-10. [Cleaning and repairing.] All proceedings for the 
construction, cleaning out, repairing or enlarging either of said ditches, 
in either the upper or lower counties, whether or not the same have 
been originally constructed as joint ditches or whether or not the 
ditch to be constructed might be a joint ditch, may be commenced and 
conducted in the manner prescribed by this act and the law prescribed 
for single county ditches ; but in addition to the manner of procedure 
prescribed in this act for the construction, enlarging, cleaning out or 
repairing of any ditch, which furnishes or may furnish drainage for 
more than one county, proceedings shall be commenced and conducted 
in the manner prescribed by law for the construction of joint ditches, 
whenever a majority of each board of commissioners of such counties 
shall so agree ; but in all cases where such commissioners do not agree 
or determine to proceed under the law r s for the construction of joint 
ditches, and the board of commissioners of said lower county unan- 
imously agree that such improvement is necessary or will be conducive 
to the public health, convenience or welfare, and the line described in 
[is] the best route, then all such proceedings in reference thereto, shall 
be conducted as provided by this act and the laws for single county 
ditches. Such proceedings to be conducted by the commissioners of 
said lower county. 

Sec. 4510-11. [Cleaning, repairing or enlarging joint county 
ditch; how cost of apportioned.] When a ditch needs to be cleaned 
out, repaired or enlarged, which has been located in more than one 
county, any owner of any lot or tract of land which was assessed for 
its construction, may make a statement to the county commissioners, 
of either of said counties, in writing, setting forth such necessity, and 
the commissioners shall forthwith appoint a disinterested freeholder 
of the county or an engineer, to examine the ditch, whose compensa- 
tion shall be as in other cases, and who shall be sworn to go upon the 
line thereof and carefully make such examination, and make an esti- 
mate of the amount of work to be done and the amount of money re- 
quired therefor, and fix the portion thereof that the owner of each lot 
or tract of land, and each corporation, county or township assessed 
for the construction of the ditch or that may be benefited by such 
cleaning out, repairing or enlarging of the ditch, should be assessed 
for such improvement ; and such assessment shall be made according 
to benefits, unless the necessity for the improvement arose from the 



158 LAWS RELATING TO AGRICULTURE. 

acts or neglect of any land owner or corporation, in which case such 
an act or neglect shall be considered. Such freeholder, or engineer 
shall return his estimate and assessments to the aforesaid commission- 
ers in writing, whereupon said commissioners shall notify the com- 
missioners of any other county interested of said action, and furnish 
to them a copy of said estimate and assessments, and it shall be the 
duty of the commissioners of the said counties to appoint a day for 
hearing the same in joint session, and direct a like notice to be given 
to all land and lot owners and corporations affected thereby, as is pro- 
vided in case of the apportionment in the construction of a like ditch, 
when, if a majority of the members of each board favor the proposed 
improvement they may approve or disapprove the report, or make 
such changes therein as they may deem right and proper. They shall 
enter upon their journals the assessments as approved by them, and 
the auditors of the said counties shall place the same upon the dupli- 
cate against the lands upon which they are assessed, to be collected 
as other taxes; the work to be done shall be advertised, sold -and let 
and the contracts thereof performed as provided in the construction 
of a like ditch. When a part, not less than one-fourth of the portion 
thereof included in any contract is completed in accordance with the 
contract, the county surveyor shall give to the contractor a certificate 
thereof, showing the proportional amounts which the contractor is 
entitled to be paid by the terms of his contract ; and the auditor shall, 
upon the presentation of such certificate to him, draw his warrant upon 
the treasurer for not more than seventy-five per cent, of the amount, 
and the treasurer shall pay the same out of any funds in the treasury 
applicable to such purposes. When the whole contract is completed, 
the entire price may be paid in the manner aforesaid. (O. L. v. 97,- 
p. 290.) 

OUTLET FOR UNDERGROUND DRAIN* 

Sec. 4510-12. [Outlet for underground drain.] Whenever it be- 
comes necessary to enter upon the lands of another to secure an outlet 
to an underground drain or ditch, the person so entering upon the 
lands of another shall be required to continue said under-ground drain 
to such place for an outlet as shall not damage said lands by the water 
emptying upon the same. 

Sec. 4510-13. [Payment of costs according to benefits.] That 
whenever such under-ground drain becomes a benefit to the owner 
of such lands through which it passes, he may be required to pay a 
reasonable share of the cost of drain upon said premises, and be per- 
mitted to use the same as an outlet for such drains as he may see fit to 
make. 

Sec. 4510-14. [Township trustees to locate drain when property- 
owners cannot agree.] That when the parties or owners of land to be 
thus drained, fail to agree as to location of under-ground drain, and 
the amount to be paid by each, the trustees of said township or town- 
ships shall locate said under-ground drain, specify size and quality 
of tile or other material to be used ; specify the depth at which the 
same shall be placed; apportion the expense of constructing the same 
among the parties interested ; see that such underground drain is prop- 



LAWS RELATING TO AGRICULTURE. 159 

erly completed; provided, if the trustees deem it best, they may pro- 
ceed under existing laws for the construction of township ditches, to 
perform the duties required of them by this act, and upon the failure 
or refusal of either party to pay the amount of said expense as deter- 
mined by such trustees, the other party may bring action therefor be- 
fore any justice of the peace of said township, and pursue the same to 
judgment and execution. 

Sec. 4510-15. [Damage to crops.] That in the construction of 
such underground drain upon the lands of another, the person so en- 
tering to construct the same shall be liable for all damages to crops. 

Sec. 4510-16. [Ditches along public highways shall be kept 
open.] That ditches and water-courses upon the public highways into 
which such under-ground drains empty, shall be kept open by the su- 
pervisor of such public highways, to a depth sufficient for the proper 
drainage of such highways. 

SINK-HOLES AND FISSURES. 

Sec. 4510-18. [Sink-holes, etc., may be opened, etc.] The com- 
missioners of any county and the trustees of any township may, as 
hereinafter provided, at any regular or called session of their respec- 
tive boards, cause to be opened, enlarged, widened, altered, deepened 
and walled up and protected, any sink-hole or fissure, break or opening 
in the earth or rock thereof, situate in their respective county or town- 
ship, that may be used as the outlet from any ditch, drain or water- 
course, whether such ditch, drain or water-course was located and 
constructed according to law, or otherwise, when the same is neces- 
sary to drain any lots, lands, public or corporate road or railroad, and 
is or will be conducive to the public health, convenience or welfare. 

Sec. 4510-19. [Application for, how made.] Application for any 
such improvement shall be made to the commissioners of the county 
or to the trustees of the township, in writing, signed by one or more 
owners of lots or lands drained by such ditch, drain or water-course, 
into such sink-hole, fissure, break or opening in the earth or rock 
thereof, or by one or more owners of lands or lots inundated by over- 
flow from such sink-hole, fissure, break or opening in the earth or rock 
thereof, and shall be filed with the auditor of the county if to the com- 
missioners, and with the township clerk if to the trustees, and shall set 
forth the necessity of the improvement and describe the location of the 
sink-hole, fissure, break or opening in the earth or rock thereof, sought 
to be improved, and the route of the ditch, drain or water-course there 
terminating and emptying therein ; and there shall be filed therewith 
a bond payable to the state, with at least two sufficient sureties, in 
not less than one hundred dollars, conditioned for the payment of all 
costs, if the prayer of the petition be not granted, or be dismissed for 
cause. 

Sec. 4510-20. [Commissioners or trustees to determine whether 
improvement necessary.] If the bond be approved by the auditor or 
clerk, as the case may be, he shall immediately deliver a copy of the 
petition to the commissioners or trustees, as the case may be, who 



160 LAWS RELATING TO AGRICULTURE. 

shall thereupon take to their assistance a competent surveyor or en- 
gineer, if in their opinion his services are necessary, and, at once pro- 
ceed to view the line of such ditch, drain or water-course, and the 
sink-hole, fissure, break or opening in the earth or rock thereof, sought 
to be improved, and determine by actual view whether the improve- 
ment is necessary or will be conducive to the public health, con- 
venience or welfare; and they shall report their finding in writing, 
and the auditor or clerk, as the case may be, shall enter the same on 
their journal. 

Sec. 4510-21. [Proceedings if finding for or against; report, esti- 
mate, and plat to be filed by engineer.] If the finding be against the 
improvement, they shall dismiss the petition and proceedings at the 
costs of the petitioners ; but if they find for the improvement they shall 
cause to be entered on their journal an order directing the county 
surveyor or engineer to go to the sink-hole, fissure, break or opening 
in the earth or the rock thereof, sought to be improved, and survey and 
level the same, and also survey and level the ditch, drain or water- 
course draining therein, and make a report, profile and plat of the 
same, and estimate the number of cubic yards of earth or other sub- 
stance to be removed, and the costs per cubic yard, and the costs of 
walling up any excavation that may, in his opinion, be necessary to 
make ; and they shall also, by their order, direct the surveyor or en- 
gineer to make and return a schedule of all lots and lands and pub- 
lic and private and corporate roads or railroads, the surface waters of 
which flow and drain into such ditch, drain or water-course, and are 
carried thereby to said sink-hole, fissure, break or opening in the earth 
or the rock thereof, and an estimate of the percentage of the costs and 
expense of making said improvement that should be assessed to each 
owner of land and public and private corporation and county and 
township by reason of the flow of water as aforesaid, of the whole 
amount of the costs and expense necessary to make said improvement, 
and such surveyor or engineer shall file said plat, profile and estimates 
and report with the auditor or clerk, as the case may be, within twenty 
days of the date of said order. 

Sec. 4510-22. [Auditor or clerk to fix day for hearing, and give 
notice of; notice to non-resident by publication.] Upon the filing of 
the report of the surveyor or engineer, the auditor or clerk, as the case 
may be, shall, without delay, fix a day for the hearing of the same; 
he shall prepare and deliver to the petitioners, or any one of them, 
a notice in writing, directed to the resident lot or land owners, and 
the authorities of municipal or private corporations affected by the 
improvement, setting forth the pendency, substance and prayer of the 
petition, together with a tabular statement of the percentage of the 
whole costs and expenses that should be assessed to each owner of 
land and public and private corporation, as reported by the surveyor 
or engineer, a copy of which notice shall be served upon each lot or 
land owner, and upon an officer or agent of such private corporation, 
and upon each member of the board of commissioners or trustees of 
townships, at least eight days before the day set for such hearing, and 
the person who makes such service, shall return the same to the audi- 
tor or clerk, on or before the day set for hearing, and return his doings 
thereunder, under oath, and the auditor or clerk, as the case may be, 



LAWS RELATING TO AGRICULTURE. 161 

shall at the same time give like notice to each non-resident of the 
county, lot or land-owner, by publication in a newspaper printed 
and of general circulation in the county for at least two consecutive 
weeks before the day set for the hearing, which notice shall be verified 
by the affidavit of the printer or other person knowing the fact, and 
filed with the auditor or clerk, as the case may be, on or before that 
day. 

Sec. 4510-23. [Public or corporate road to be assessed if ben-. 
efited.] When the improvement will benefit any public or corporate 
road, or if the water from any such road will drain therein, there shall 
be assessed to the county, if a county road, state road or free turnpike, 
to the township of [if] a township road, or to a corporation if a corpo- 
ration road or railroad, a proper share and percentage of the whole costs 
and expense thereof. 

Sec. 4510-24. [Meeting for hearing; proceedings.] The county 
commissioners, in case the proceeding is before the commissioners, 
shall meet at the auditor's office on the day fixed for the hearing 
by the auditor, and in case the proceeding be before the township trus- 
tees, then said trustees shall meet at the office of the township clerk on 
the day fixed for the hearing by the clerk, and shall first determine 
whether the required notice has been given ; if they find that due notice 
has not been given, they shall continue the hearing to a day to be fixed 
by them and order the notices to be served as hereinbefore provided, 
and when they find that due notice has been given, they shall examine 
the report of the surveyor or engineer and the apportionment by him 
made, and if it is in all respects fair and just, they shall approve and 
confirm the same. 

Sec. 4510-25. [Report of engineer may be amended; may adjourn 
hearing.] If the commissioners or trustees, as the case may be, find 
that the apportionment reported by the surveyor or engineer is unfair 
and unjust and ought not to be confirmed, they shall so order and 
amend it as to make it fair and just ; and if in their opinion it is nec- 
essary, they may adjourn the further hearing not exceeding twenty 
days, to a day to be fixed by them, and go upon the premises and, by 
actual view, apportion the entire costs of location and excavation and 
construction or any part thereof, as may seem just and proper, and on 
the day so fixed they shall again meet and determine the apportion- 
ment. 

Sec. 4510-26. [Assessments according to benefits.] All lots and 
lands and public and private roads and railroads shall be assessed in 
accordance with benefits, and if the surface water from the same 
flow into such sink-hole, fissure, break or opening in the earth, or the 
rock thereof, through any ditch, drain or water-course or natural chan- 
nel, the same shall be considered benefited by such improvement, and 
shall be assessed therefor. 

Sec. 4510-27. [Compensation and damages.] Application for 
compensation and damages may be made, and if made in proceedings 
before the commisioners, like proceedings shall be had thereon as are 
had in proceedings before them in the location and establishment of 

U-F. B. H. 



162 LAWS RELATING TO AGRICULTURE. 

ditches, drains and water-courses, and shall be governed by the laws 
then in force governing such proceedings, and if made in proceedings 
before the township trustees, like proceedings shall be had thereon as 
are had in proceedings before them in the location and establishment 
of ditches, drains and water-courses, and shall be governed by the 
laws then in force governing such proceedings. 

Sec. 4510-28. [Proceedings iri case of appeal; public sale of work; 
contracts and bonds.] In cases where appeals have been taken after 
the transcript of the proceedings before the probate judge, and all 
other papers in the case are returned to the auditor's office or clerk's 
office, as the case may be, the commissioners or trustees, as the case 
may be, shall cause such entry to be made on their journal as may be 
necessary to give effect to trie verdict and findings of the jury, and as 
such cases and in cases where no appeals have been taken they shall 
fix a time for the sale of the construction and excavation of the im- 
provement and walling up the same at public outcry, and shall cause 
notice to be given of the time and place of sale, and direct the surveyor 
or engineer, or other competent person, to attend at the time and place 
of sale to superintend, and conduct the same, who shall receive all 
bids and make contract with the lowest responsible bidder, and take 
good and sufficient bonds for the labor of constructing and excavating 
the improvement ; all contracts to be let by the cubic yard for excavat- 
ing and by the perch for masonry, and no contract shall be entertained 
which exceeds the estimated value as reported by the surveyor or en- 
gineer; and the person so conducting said sale shall immediately de- 
liver all bonds and contracts taken by him to the auditor or clerk, as 
the case may be, which contracts and bonds shall first be approved by 
the commissioners or trustees, as the case may be, before they become 
binding upon them; and the contractor shall be liable on his bond 
so given for all delays after the expiration of the time named therein 
for the completion of his job, and for all the payment of all damages 
which accrue by reason of the failure to complete the job within the 
time required by the contract therefor. 

Sec. 4510-29. [Work; how done and paid for.] The work shall 
be done under the supervision of a competent surveyor or engineer, 
who shall give to the contractor a certificate therefor when completed, 
showing the amount which the contractor is entitled to be paid by the 
terms of his contract, and the auditor or clerk, as the case may be, 
shall, upon presentation of said certificate, draw his warrant upon the 
treasurer of the county, if the proceedings were before the commis- 
sioners, and upon the treasurer of the township, if before the trustees, 
for the amount, and the treasurer shall pay the same out of any funds 
in the treasury applicable to such purpose. 

Sec. 4510-30. [Proceedings when contract not complied with.] 

A job not completed within the time fixed in the contract and bond 
may be re-estimated by the surveyor or engineer and resold by him 
to the lowest responsible bidder, or he may complete it at the expense 
of the contractor and his bondsmen, but such job shall not be resold 
for a greater sum than such estimate or re-estimate, nor a second time 
to the same party; a contract and bond shall be entered into as here- 
inbefore provided, but the commissioners or trustees, as the case may 



LAWS RELATING TO AGRICULTURE. 163 

be, may, for good cause, give further time to the contractor, not ex- 
ceeding sixty days; the surveyor or engineer shall fix the time for the 
completion of the work resold, not exceeding sixty days from date of 
bonds. A person or corporation who has sustained damages in conse- 
quence of such work, may bring suit for such damages in any court of 
competent jurisdiction against any contractor failing to perform his 
contract, and recover damages as provided by law in other cases. 

Sec. 4510-31. [Compensation and damages; how assessed; 
bonds.] When the work is let as hereinbefore provided, and the costs 
and expenses of location and construction and excavation and all 
compensation and damages are ascertained, the commissioners or 
trustees, as the case may be, shall meet and determine at what time 
and in what number of assessments they will require the same to be 
paid, and order that the assessments so made by them be placed by the 
auditor of the county on the duplicate accordingly against all lots or 
lands or corporate roads or railroads assessed; they shall also deter- 
mine whether they shall issue bonds of the county or township, as the 
case may be, to raise the money necessary to pay such costs and ex- 
penses, and, if they so determine, they may issue such bonds, and the 
same shall be issued for a term of years, not exceeding ten, at a rate 
of interest not exceeding six per centum per annum, payable semi- 
annually, and they shall cause an entry to be made on their journal, 
setting forth their finding and determination under this section. 

Sec. 4510-32. [Tax; how collected and accounted for.] When 
the commissioners or trustees, as the case may be, make an assess- 
ment, they shall cause an entry to be made on their journal, a certi- 
fied copy of which they shall at once deliver to the auditor of the coun- 
ty directing him to make and furnish to the treasurer of the county a 
special duplicate with the assessments arranged thereon, as required 
by their order, and the auditor shall retain a copy thereof in his 
office, and all assessments" shall be collected and accounted for by the 
treasurer as taxes ; provided, that if the same are not paid in one year 
they shall be placed upon the general duplicate for collection as delin- 
quent taxes. All collections of money made by the county treasurer 
on account of assessments made by township trustees, shall be paid 
by him to the treasurer of the township on demand. 

Sec. 4510-33. [Levy not void for error.] The collection of 
taxes or assessments levied or assessed, or ordered to be levied or 
assessed, to pay for the expenses of any improvement provided for 
in this act, shall not be perpetually enjoined or declared absolutely 
void in consequence of any error committed by the engineer or sur- 
veyor, or county treasurer or township treasurer, in the proceedings in 
this act, authorized for by reason of any error or merely technical in- 
formality appearing in the petition or record o^the proceedings, or by 
reason of any want of notice hereinbefore provided for. 

Sec. 4510-34. [When bonds issued, assessment for costs and 
interest must be made; form of bond.] If the commissioners or trus- 
tees, as the case may be, determine to issue the bonds of the county 
or township, as the case may be, for the necessary money to meet 
the expenses of the construction of any improvement herein author- 



164 LAWS RELATING TO AGRICULTURE. 

ized and provided for, they shall make an assessment upon all lots 
lands, public or corporate roads or railroads benefited by the improve- 
ment, or the surface waters of which flow and drain into such sink- 
hole, fissure, break or opening in the earth or rock thereof, in propor- 
tion to the apportionment herein provided for, sufficient to pay all 
the costs and first-year interest, and including the fees of the surveyor 
or engineer, made after location, in superintending the construction 
of the improvement, and order the same placed on the duplicate for 
collection as hereinbefore provided, and they shall thereafter make 
such assessments as may be required to raise the money for the 
prompt payment of such bonds. All bonds issued by the commis- 
sioners shall be signed by them and countersigned by the auditor, 
who shall affix his seal thereto, and all bonds issued by the trustees 
shall be signed by them and countersigned by the township clerk, 
and no bond shall be sold for less than its par value ; and the money 
arising therefrom shall be used for no other purpose than the con- 
struction and expense of said improvement. 

Sec. 4510-35. [Proceedings when ditch, drain, etc., is situated 
in more than one county.] If the ditch, drain or water-course, the 
outlet of which is such sink-hole, fissure, break or opening in the 
earth or rock thereof, is situated in more than one county, the ap- 
plication shall be made to the commissioners of each of such counties, 
and the surveyors or engineers of each county shall make a report for 
each county. A majority of the commissioners of each county, when 
in joint session, shall be competent to find in favor of or against said 
improvement, and to do anything authorized by this act, but no 
commissioner or trustee shall serve in any case in which he is person- 
ally interested, and any two commissioners or any two trustees, as 
the case may be, may form a quOrum for the transaction of business 
under this act for their respective county or township. 

Sec. 4510-36. [Penalty for failure to perform duty.] If an 

engineer, or auditor, clerk, trustee, or commissioner or probate judge 
neglect or refuse to perform anv duty imposed upon him by the pro- 
visions of this act, he shall forfeit and pay a fine of twenty-five dollars 
for every such neglect, to be recovered before any officer having juris- 
diction, in the name of the state, for the benefit of the common schools 
of the county, at the suit of the party aggrieved thereby. 

Sec. 4510-37. [May provide for cleaning ditch, drain, or water- 
course.] The commissioners of the county or the trustees of the 
township, as the case may be, may hear and determine under the 
same petition, the necessity of cleaning out any ditch, drain or water- 
course, the outlet of which is such sink-hole, fissure, break or open- 
ing in the earth or rock thereof, sought to be improved, as the neces- 
sity of the case requires, and shall order such entry to be made in 
their journal as in their judgment is required. All estimates, either 
by the surveyor or engineer, or commissioners or trustees, shall be 
made in the manner provided in this act. 

Sec. 4510-38. [Fees for services, etc.] The fees for services 
rendered by county or township officers under this act shall be the 
same as those allowed by statute for like services in ditch cases, and 



LAWS RELATING TO AGRICULTURE. 165 

the auditor or clerk, as the case may be, shall keep a complete record, 
in a journal to be provided for that purpose, of all proceedings under 
this act before their respective board of commissioners or trustees. 

JOINT COUNTY DITCHES BETWEEN COUNTIES OF OHIO 
AND THOSE OF OTHER BORDERING STATES. 

Sec. 4510-39. [Joint inter-state county ditches; petition; bond; 
notice from official of other state; order for consultation and meet- 
ing to view line.] Whenever the commissioners of any county of 
this state shall find on file with the auditor of the county, a petition, 
or copy of one, signed by one or more landowners, whose lands would 
be assessed for the construction of the improvement prayed for, setting 
forth the necessity of the location, deepening or widening of any ditch, 
drain or water-course, for the reasons that the same will be of benefit 
to the public health, welfare or convenience, and describing the point 
of beginning, route and terminus thereof, together with a bond, with 
two sureties approved by the county auditor in the amount of two 
hundred ($200) dollars, payable to the state of Ohio, for the use of 
said counties, on the conditions that the petitioners, or their bondsmen, 
shall pay all costs incurred by said county, by reason of the view of 
said route petitioned for, if the prayer of said petition is not granted ; 
and also, in addition to said petition and bond, a notice from the 
proper official of the county of an adjoining state, through which the 
route of said improvement as described in said petition would pass, 
setting forth that the proper papers are filed, and that the proper 
board of that county is in readiness to act conjointly with them in 
the location, deepening or widening of said ditch, drain or water- 
course, they are hereby authorized and empowered to instruct the 
auditor of their county to consult with the proper official of the coun- 
ty or counties so desiring to act jointly, and to fix upon a time when 
and where they shall meet the proper board of said county, and with 
them proceed to view the line of said route prayed for. 

Sec. 4510-40. [Notice by county auditor.] It shall be the duty 
of the county auditor, on the filing of any petition and bond as 
aforesaid, to notify in writing, of the filing of said petition and bond, 
the proper official of the county of the adjoining state, and the auditor 
of any county of Ohio in which land is situated which will be affected 
by the prayer of said petition, a copy of each of which shall be at- 
tached thereto. 

Sec. 4510-41. [Meeting and organization of joint board.] Hav- 
ing received notice by the county auditor of said time and place of 
meeting, the commissioners shall proceed at the time stated to place 
of meeting agreed upon, and if they find a majority of each proper 
board present, they shall decide that they have the quorum present, 
and shall form themselves into a joint board for. the purpose before 
them, by electing one of their number as president, and another as 
clerk ; provided, that the president and cleric shall not both be selected 
from the board representing the same state. 

Sec. 4510-42. [Vote of Ohio members.] Without regard to 
number of each board present, the members from Ohio shall have the 



166 LAWS RELATING TO AGRICULTURE. 

casting of one-half (^) of all votes on all questions, which vote shall 
be represented equally by the different members present of the board 
or boards from Ohio. 

Sec. 4510-43. [Adjournment for lack of quorum.] If the board 
of the different counties of the state, or a quorum of the board of 
each county affected, fail to meet, they shall adjourn until such time 
as they shall receive notice, as provided in sections one (1) and two 
(2) [§§ (45 I( >39)> (—40)] of this act. 

Sec. 4510-44. [View of route petitioned for; finding for the 
improvement; locating on another route; branch ditches; finding 
against the improvement.] Having resolved themselves into a joint- 
board, with the board or boards of other states, as provided for in sec- 
tion three [§(4510-41)] of this act, and having found that a petition 
and bond conditioned, as required by law has been filed, they shall 
proceed to view the route petitioned for ; and if they find the improve- 
ment so prayed for is necessary, and will be conducive to public 
health, welfare or convenience, and that the route prayed for is the 
best one to accomplish the desired relief, they shall proceed to locate 
the ditch, or order the widening Or deepening of the ditch, drain 
or water-course in substantial conformity with the prayer of said- pe- 
tition. But if, in their opinion, the route described is not the best, 
they shall proceed to locate the improvement on the route best adapted 
to secure the relief desired, with the best contingent results ; and may 
locate all the necessary branch ditches ; but if they find against the lo- 
cation, deepening or widening of said improvement, no further pro- 
ceedings shall be had under this petition, after said report, and the 
costs shall be collected of the petitioners and their bondsmen. 

Sec. 4510-45. [Power of joint-board to locate.] The joint-board 
shall have authority to locate that part in Ohio of the main ditch, 
or any of its tributaries, which will lie partially in both states, or which 
will drain lands of both states. 

Sec. 4510-46. [Employment of engineer to determine proper 
route.] If the joint-board find it necessary to employ an engineer 
to determine the proper route on which the ditch or its branches 
should be located, they are authorized to do so ; provided, that no 
engineer shall be employed by the joint-board until the said board 
have determined that such improvement is necessary for the public 
welfare, health or convenience. 

Sec. 4510-47. [Capacity of improvement.] The joint-board 
shall have power to determine upon the necessary capacity of the 
part of said improvement located in the state of Ohio. 

Sec. 4510-48. [Adjournments.] In their view of route and 
deliberations over the same, the members of Ohio of the joint-board 
may adjourn from time to time, not exceeding in the aggregate sixty 
(60) days. 

Sec. 4510-49. [Report of finding and proceedings.] The clerk 
of the joint-board shall make out a full report of their proceedings 
and findings, signed by himself and the president of the joint-board, 



LAWS RELATING TO AGRICULTURE. 167 

which shall be read before the said board. A copy of this report shall 
be sent to the county auditor of each county affected in£)hio, and to 
the proper officer of each county affected in the other state. 

Sec. 4510-50. [Engineers to locate ditch.] After the adjourn- 
ment of the joint-board, if their report is in favor of the location, the 
member of said board from Ohio shall proceed to select a competent 
engineer, to meet one to be appointed by the proper authorities of the 
other said state joining with them in the proceedings. 

Sec. 4510-51. [Bond.] It shall be the duty of the engineer so 
appointed to file a bond, with the auditor of each county in Ohio, 
affected by said improvement, in the sum of one thousand ($1,000) 
dollars, with two approved sureties to the same, conditioned to the 
faithful performance of his duties as said engineer. 

Sec. 4510-52. [Staking improvement; grade megs and bench- 
marks.] The said engineer shall proceed, with the duly appointed 
engineer from the adjoining state joining in the matter, to definitely 
mark out the line of said improvement by setting a stake at every 
one hundred (ioo) lineal feet, on the line of ditch and its branches. 
Each stake shall be numbered, beginning at head of ditch at "O," and 
numbering consecutively to outlet. Grade megs shall be set at or op- 
posite such numbered stake, from which all measurements shall be 
based and permanent bench marks shall be established, on or near 
line of said ditch, at a distance not greater than two thousand (2,000) 
lineal feet. At each angle a, stake shall be set, and witnessed by two 
permanent witnesses. 

Sec. 4510-53. [Plat and profile; schedules; list of lands af- 
fected by improvement; estimate of cost; apportionment of costs.] 

The [y] shall, on all the line of improvement within this state, take 
all the levels and notes necessary to, and shall make a plat and profile 
of all said line ; which plat shall show the entire line of said ditch, 
with all angles accurately located, together with all fence, line, road 
or rail crossings, together with all lands or lots affected by this im- 
provement, properly and accurately located thereon. The profile shall 
show the surface of grade megs, the depth of old ditch or stream, and 
depth of proposed improvement at each stake throughout, and the 
grade or fall of the bottom of proposed improvement. The report 
shall also include schedules, showing necessary widths, top and bot- 
tom, and depth at each stake, together with the number of cubic 
yards in each one hundred lineal feet of ditch, and also the total num- 
ber of cubic yards so to be excavated throughout the entire line of said 
ditch. The report shall also state the number of acres of land in 
each state adjudged by them to be affected by the improvement and 
benefited thereby, with a list thereof, showing description and owner- 
ship as shown on tax duplicate, together with their estimate of cost 
per cubic yard for work, and their estimate of total cost of construc- 
tion of that part of ditch situated in each state, together with an esti- 
mate of total cost of location. They shall also in their report make an 
apportionment, as they may think fair and just, of the cost of location and 
construction between the two states. 






168 LAWS RELATING TO AGRICULTURE. 

Sec. 4510-54. [Copy of engineer's report.] A copy of the said 
report of the engineers, embracing all the matters described within 
and duly certified to by each, shall be sent to the proper official of each 
county affected in each state. 

Sec. 4510-55. [Duty of auditor on receipt of report.] On the 

receipt of the report of the engineers as aforesaid, the auditor shall 
notify (the joint board) of the receipt of said report as in the case of 
filing of petition and bond, but need not send a copy of the report re- 
ceived. And shall proceed as provided for in sections one and two 
[§§(4510 — 39), ( — 40)] of this act, to fix upon a time and place for the 
meeting of the joint-board. After which he shall notify the com- 
missioners of the reception of said report and the time and place of 
meeting. 

Sec. 4510-56. [Rules governing board.] The joint-board on 
assembling, shall be governed by the same rules as provided elsewhere 
in this act. And they may call to their assistance the engineers who 
located the improvement. 

Sec. 4510-57. [Amendment or approval of report; copy of re- 
port; called meetings.] They shall approve, or amend and approve, 
of the reports so filed by the engineers. And the report so approved 
by them, shall be a final division of the estimated costs of construc- 
tion, and the entire costs of location between the states. They shall 
send a copy of their report, duly certified to by the president and clerk 
of the board, to the proper official of each county affected in the other 
state, and to the county auditor of each county affected in Ohio. 
Their adjournment shall be subject to a call of the majority of the 
members of either state, notice of which shall be given as provided 
for in preceding section. 

Sec. 4510-58. [Power to enter upon lands.] The proper au- 
thorities in the adjoining state, joining with the counties in Ohio, are 
hereby authorized and granted the privilege of entering upon lands or 
causing the same to be done in this state, along any portion of said 
located ditch or its tributaries, to perform any work which may be as- 
signed them to do by the joint-board when in session, as provided for 
in this act. 

Sec. 4510-59. [Division of costs among lands affected.] The 

commissioners of the county or counties in Ohio affected by such 
improvement, shall proceed to order some competent engineer to make 
a division of said costs of location and construction so apportioned to 
Ohio, among the lands so affected as named in the list of lands af- 
fected, submitted by report of engineers of joint-board. 

Sec. 4510-60. [Further proceedings; assessment of lands not 
contained in engineer's report.] The further proceedings shall be in 
conformity with the existing statutes for the location of county or 
joint county ditches taken at this stage of the proceedings. The com- 
missioners, at their hearing on the apportionment made, as provided 
in section twenty [§(4510-58)] of this act, shall have authority to 
assess any other lands not mentioned in first report of engineers, pro- 



LAWS RELATING TO AGRICULTURE. 169 

vided for in section sixteen [§(4510-54)] of this act, as they may deem 
to be benefited thereby ; provided, that the owners of said lands shall 
have due notice thereof. 

Sec. 4510-61. [Work beyond state limits.] The commissioners 
of any county or counties in this state, in which are located lands 
affected and charged for the improvement or construction of any ditch, 
drain, or water-course, under the provisions of this act, are instructed 
to cause to be performed any work which may be assigned to them 
outside of the limits of this state, in the same manner as under the ex- 
isting statutes for similar duties ; provided, that the necessary privil- 
ege to do so has been granted by the state legislature of the state 
where said lands are located through which the said work is to be 
constructed. 

Sec. 4510-62. [Fees.] The fees of all officials and assistants 
under this act, shall be the same as for like services in county ditch 
work. 

Sec. 4510-63. [Claims for compensation, damages, etc.] All 
claims for compensation and damages shall be filed with the county 
auditor on or before the. day of hearing on the apportionment. And 
all such claims allowed, together with costs of location actually in- 
curred, shall be paid out of the county fund. 

JOINT INTER-STATE COUNTY DITCHES. 

Sec. 4510-64. [Joint interstate county ditches, commissioners 
may enter into agreement for construction.] The commissioners of 
any county in this state, when a petition is filed with the auditor of 
the county praying for the location or improvement of any ditch, drain 
or water-course in such county, the waters from which flow into or 
through an adjoining county in another state, are of the opinion that 
the outlet for such proposed improvement is insufficient, may, and 
they are hereby authorized to enter into an agreement with the com- 
missioners or other proper officials of such adjoining county, for the 
construction or improvement of the outlet for such ditch, drain or 
watercourse by such lower county, and the payment by such upper 
county to the lower county of such sum of money as may be agreed 
upon between said commissioners and the proper officials of the lower 
county for the construction or improvement of such outlet, which 
amount shall be payable into the treasury of such lower county upon 
the completion of the improvement of the outlet as agreed upon. 

[Assessments.] And the commissioners of such upper county 
shall assess upon the lots, and lands, and public or corporate roads, or 
railroads, in their county benefited by such improvement, the costs of 
the location and construction of the same in their county, together 
with the sum of money agreed to be paid to such lower county for 
the improvement of the outlet therefor. 

[Bonds.] And whenever in such case the commissioners of such 
upper county shall deem it expedient so to do, they may issue bonds of 
such county to raise the money necessary to pay such costs and ex- 



170 LAWS RELATING TO AGRICULTURE. 

penses, including the amount agreed to be paid to such lower county, 
in the manner provided by section 4479 of the Revised Statutes of 
Ohio. 

Sec. 4510-65. [Improvement of outlet of ditch, etc., in this 
state; agreement by commissioners.] Whenever the commissioners 
or other proper officials of the county in another state, adjoining a 
county in this state, shall desire to have the outlet for water flowing 
in any ditch, drain or watercourse from such upper adjoining county 
into or through a lower county in this state enlarged or improved, it 
shall be lawful for the commissioners of such lower county in this 
state to enter into an agreement with the commissioners or other 
proper officials of such upper adjoining county for the improvement of 
such outlet by such lower county, and the payment to such lower coun- 
ty for the benefit of such improvement, by such upper county, of such 
sum of money as may be agreed upon between said commissioners 
and the proper officials of such upper county, and in making their as- 
sessments upon the lots, and lands, and public or corporate roads, or 
railroads, in such lower county benefited thereby, the commissioners 
shall take into account the amount to be paid for the benefit of such 
improvement by such upper county. 

Sec. 4510-66. [Terms of agreement set forth on commissioners' 
journal.] In all cases when the commissioners of any county in this 
state shall enter into an agreement with the commissioners or other 
proper officials of an adjoining county in another state, under the pro- 
visions of either of the two preceding sections, they shall cause an 
entry to be placed upon their journal setting forth fully and particu- 
larly the terms of such agreement, both as to the extent and nature of 
the outlet to be constructed or improved, and the time within which 
the same is to be completed, and the amount to be paid by the upper 
county to the lower county for the improvement of such outlet, and 
the time and manner of payment of the same ; 

[When general provisions govern.] And in all other matters 
pertaining to the location and construction of such improvement not 
herein expressly provided for the said commissioners shall be gov- 
erned by the provisions of law providing for the location and con- 
struction of county ditches. 

TOWNSHIP DITCHES, 

Sec. 451 1. [Township trustees may establish ditches.] The 

trustees of any township may, whenever, in their opinion^ the same 
will be conducive to the public health, convenience or welfare, cause 
to be established, located and constructed, as hereinafter provided, any 
ditch within such township, and for that purpose may cross a railroad, 
turnpike road, or do any other thing necessary or proper to promote 
said, purpose. 

Sec. 4512. [Meaning of the words "ditch" and "according to 
benefits" in this chapter.] The word "ditch" when used in this chap- 
ter shall be held to include a drain or watercourse, and the petition for 
any such improvement shall be held to include any side, lateral, spur 



LAWS RELATING TO AGRICULTURE. 171 

or branch ditch, drain or watercourse necessary to be constructed to 
secure the object of the improvement, whether the same is mentioned 
therein or not; and this chapter shall extend to and include the 
straightening of streams and watercourses. The words "according to 
the benefits" when used in this chapter, in directing township trus- 
tees to assess lands for ditches and in directing engineers to report as- 
sessments for the same shall not be held to authorize any assessments 
for benefits conferred by nature, nor the right of easement of owners 
of superincumbent lands to pass the waters therefrom through natural 
watercourses. 

Sec. 4513. [The trustees may buy blanks.] If the trustees of 
any township have occasion to exercise the power conferred upon 
them by this chapter, they shall authorize the clerk of such township 
to purchase a sufficient number of printed blanks for all petitions, 
notices, certificates, statements and bonds, which are necessary to be 
filed or given, and one ditch journal, to be paid for out of the town- 
ship fund; but nothing in this section shall be taken to prevent the 
use of written petitions, bonds, certificates, notices or other papers 
provided for in this chapter. 

Sec. 4514. [Petition for a ditch, and proceedings thereon.] Be- 
fore the trustees take any action towards locating or establishing any 
ditch, there shall be filed with the township clerk a petition from one 
or more persons owning lands adjacent to the line of the proposed 
ditch, setting forth the necessity of the same, with a substantial de- 
scription of the proposed starting point, route, and terminus, and a 
bond with good and sufficient sureties to the acceptance of the clerk, 
conditioned to pay all expenses incurred if the trustees refuse to grant 
the prayer of the petition ; and the township clerk shall give notice 
to the trustees of the filing and pendency of the petition, and the trus- 
tees shall immediately designate a time and place when and where 
they will meet to hear the petition and complete their proceedings 
thereunder. 

Sec. 4514a. [Joint township ditches; application; surveyor's re- 
port.] When a ditch or improvement is proposed, which will re- 
quire a location in more than one township, application shall be made 
to the trustees of each of said townships, and the surveyor shall make 
a report for each township. 

[Compensation and damages; appeals.] Application for compen- 
sation and damages shall be made to the joint board of trustees when 
in joint session, and appeals from the finding of the trustees when in 
joint session, locating and establishing such ditch, and from the as- 
sessment of compensation or damages shall be taken to the probate 
court of the county in the same manner as appeals are now allowed, 
and if said ditch or improvement is located in more than one county 
then such appeal shall be taken to the probate court of the county in 
which the greatest length of such ditch or improvement is located. 

[Notice; joint session of trustees.] And upon the filing of such 
petition the township clerk shall give notice to the trustees of all the 
townships through which said ditch passes, fixing a time and place 



172 LAWS RELATING TO AGRICULTURE. 

where and when such trustees shall meet in joint session, and the 
trustees of such township shall meet in joint session at the time and 
place so fixed, and a majority of the trustees of each township, when 
in joint session, shall be competent to locate and establish such ditch 
or improvement, but no trustee shall serve in any case in which he is 
personally interested, and all laws in force as to the location and es- 
tablishment of township ditches shall apply to the proceedings had by ' 
and before said joint board; 

[Clerk of joint board and duties.] Provided further, that the said 
joint board when in session at their first meeting upon said ditch shall 
select one of the clerks of such townships to act as clerk of such joint 
board, who shall keep the record of all proceedings had by said joint 
board upon said ditch or improvement. 

[Laws applicable to joint township ditches.] And, provided 
further, that any and all laws now in force, or that may be hereafter 
enacted providing for the cleaning out of township ditches, shall be 
applicable to joint township ditches located and established under this 
act. 

[Cleaning out of ditch; trustees to examine report.] And the 
trustees, when in joint session at their first meeting held after a state- 
ment in writing for the cleaning out has been filed, shall appoint one of 
their number from each township through w r hich such joint ditch is 
established and located to examine and report as to the necessity of 
cleaning out such joint ditch, and said trustees so appointed shall file 
their report with the clerk of such joint board, and thereupon such 
proceedings shall be had as is authorized by law for the cleaning out 
of township ditches. 

Sec. 4515. [Notice to land-owners of filing the petition.] Upon 
the filing of such petition and bond the clerk shall prepare the neces- 
sary number of notices for the petitioner, who shall cause one such 
notice to be given to the owner of each tract of land sought to be 
affected by the proceeding; the notice shall state substantially the 
prayer of the petition, and the time and place, when and where the 
same will be for hearing by the trustees ; and if any person, owning 
lands sought to be affected by the proceeding, be a non-resident of the 
county, the same notice shall be sent to him by mail, if such residence 
be known by the clerk, otherwise it shall be published for two con- 
secutive weeks, in some newspaper published or of general circulation 
in the county. 

Sec. 4516. [When action may be brought on bond.] If the per- 
sons giving bond fail or refuse to pay the costs and expenses when 
the township trustees refuse to grant the prayer of the petition, the 
trustees may bring suit before any justice of the peace in the town- 
ship upon the bond, and collect all costs and expenses, with costs of 
prosecution, and pay out the same in conformity with the estimates 
made in the case, and the ditch journal containing the record of their 
proceedings, or a certified copy therefrom, shall be prima facie evi- 
dence of such indebtedness. 



LAWS RELATING TO AGRICULTURE. 173 

Sec. 4517. [Proceeding does not abate by death of party.] The 

death of a party in interest shall not work an abatement of the pro- 
ceedings, but the trustees, being notified, shall order the notice pro- 
vided in section forty-five hundred and fifteen to be given to the per- 
son succeeding to the right of such deceased party. 

Sec. 4518. [Application for compensation and damages.] Any 
person claiming compensation for lands appropriated for the purpose 
of constructing any such ditch, shall make his application in writing 
therefor to the clerk of the township, on or before the day appointed 
for hearing the petition, which application shall be laid by the clerk be- 
fore the trustees ; or, if the trustees should establish the ditch, or a 
portion thereof, on a line different from that specifically described in 
the petition, so that the same shall pass through tracts of land not 
described or contemplated by the petition ; the owner of such land 
may make his application in writing for compensation, at any time be- 
fore the order of the trustees establishing and locating the ditch is 
entered upon the township record ; and on failure to make such ap- 
plication in either case, such owner shall be deemed and held to have 
waived his right to compensation. 

The land-owner is entitled to full compensation for the land appropriated 
and to the damages to his other lands from which the appropriation is made. 
He is not entitled, as a part of the compensation, to the value of a strip on 
each side of the ditch, not actually appropriated; nor can he have, as part 
of his damages, the cost of constructing such portion of the ditch as the 
trustees apportion to him to construct: Miller v. Weber, 1 C. C. 130. 

Sec. 4519. [When preliminary steps have not been taken.] On 

the day set for hearing the petition, if it appeared to the trustees that 
any person who may be interested in the ditch has not been notified 
as required by this chapter, or that any requisite preliminary steps 
have not been taken, they shall adjourn to some future time, not ex- 
ceeding twenty days, and order such notice to be given, or such pre- 
liminary steps to be taken ; and a majority of the trustees shall be 
competent to perform any of the requirements of this chapter. 

Sec. 4520. [Township ditches; duties of trustees; proceedings 
when they find in favor of ditch.] If the trustees find that the bond 
has been filed and notice given, they shall proceed to hear and deter- 
mine the petition, and shall view the premises along the proposed 
route, and if they find such ditch to be necessary, and that it will be 
conducive to the public health, convenience, or general welfare, shall 
proceed to locate and establish the same in substantial conformity 
with the route described in the petition, or as near thereto as in their 
opinion would best answer the purpose ; and the trustees may take 
to their assistance an engineer to locate, level and measure the course 
of such ditch, and such other assistance as they need, and may ad- 
journ from day to day, to complete their report and finding, and 
when their finding is in favor of such ditch and their report filed 
with the township clerk, they shall fix a day of hearing, within ten 
days thereafter at the clerk's ofhce in said township, and then and 
there determine the complaints of any persons affected by reason of 
the location and construction of said ditch. 



174 LAWS RELATING TO AGRICULTURE. 

Sec. 4521. [Township ditches; how compensation and damages 
awarded.] The trustees shall at the same time examine into and de- 
termine all applications made to them for compensation, and shall 
specify the several amounts, by whom and to whom to be paid, and 
the time of payment, and no order for the opening or sale of any ditch 
or any part thereof located and established under this chapter shall 
be made until the full amount of compensation for land appropriated 
shall have been paid; and the trustees shall pay such compensation 
out of the general township fund and apportion the aggregate amount 
thereof equitably upon the lands benefited by said ditch, and the 
same shall be a lien on said lands, the same as other taxes, and said 
apportionment shall be certified by the clerk to the county auditor 
within forty days" from such payment, and placed upon the duplicate 
against the lands so^assessed, and collected in the same manner as 
taxes are collected, and when collected shall be paid over to the town- 
ship entitled thereto, to reimburse said general township fund, provid- 
ed that any landowner may pay the amount assessed against his lands 
to the township treasurer at any time before the same is certified to 
the county auditor. 

As to compensation for injury to crops by constructing underground drain, 
see § (4510-15.) 

Sec. 4522. [More than one channel may be established.] If it 
become necessary, by reason of islands or otherwise, in the establish- 
ment of a ditch, to construct more than one channel or branch for the 
flow or discharge of water, in order to accomplish the ends and pur- 
poses for which a ditch may be established and constructed, the same 
may be done in one proceeding and under one petition and the trustees 
are authorized to make all necessary and proper orders to effectually 
accomplish the same. , 

Sec. 4523. [May order riprapping to be done.] If it be found 
necessary to protect any ditch, constructed or to be constructed, from 
being washed out by high water, freshets, or otherwise, that any por- 
tion of the same shall be riprapped or otherwise protected by stone 
or timber, the trustees, in their final order, may direct such additional 
work to be done, particularly describing its kind and character, and 
the particular places, and the sections on which the same shall be done, 
and by whom. 

Sec. 4524. [Boxing or tiling of township ditches.] At the hear- 
ing of the petition, if any person, or persons, owning or controlling 
lands through which the ditch will pass, make a written request to the 
trustees for a box, or tile ditch through their lands, the trustees shall, 
if they deem the same practicable and equally beneficial, grant their 
request, and order that all, or any portion of such ditch may be boxed 
or tiled, specifying the size of the boxes or tile to be used, and the 
depth they shall be placed under the ground; and all expenses in- 
curred, whether such ditch be in whole or in part a box or tile ditch, 
shall be apportioned according to benefits derived, as provided in 
section four thousand five hundred and twenty-six of the Revised Statutes. 

Sec. 4525. [When and how route may be changed.] At the 

hearing of the petition, if any person interested in the location of such 



LAWS RELATING TO AGRICULTURE. 175 

ditch make a written request to change the route of the ditch, for his 
own special interest and convenience, the trustees may so change the 
route, if a good and sufficient ditch can be had ; but. in all cases where 
such change would increase the amount of work to open the ditch, the 
whole of the increased amount of work shall be apportioned to the 
persons making such request, in addition to their proper share of the 
balance of the ditch. 

Sec. 4526. [Ditch to be divided into sections.] The trustees, in 
locating and establishing a,ditch, shall divide the same into suitable 
sections, not less in number than the number of owners of the land 
through which the same may be located, and apportion the sections 
equitably to the parties benefited, according to the benefits derived 
therefrom, and shall prescribe the time within which the. work shall be 
completed, and by whom done, and order that each working section, 
beginning at the mouth of the ditch, shall be completed at least two 
days earlier than the one next above it; and the day upon which the 
trustees conclude their proceedings on the petition, shall be deemed 
the date of their decision thereon. , 

Sec. 4527. [Fees of officers and others.] The following fees shall 
be considered lawful allowances for locating and establishing ditches 
under this chapter : Township trustees, one dollar and fifty cents per 
day each ; township clerk, for recording proceedings of trustees, ten 
cents per hundred words ; for apportioning cost of locating and re- 
cording the same, twenty-five cents; for each notice or statement, ten 
cents per hundred words ; chainmen and axmen, each one dollar per 
day; engineer, four dollars per day for locating, and three dollars 
per day for making plat, profile and specifications. 

Sec. 4528. [Report of trustees to clerk.] Within five days after 
their decision on the petition, the trustees shall make a full and com- 
plete report of their proceedings had thereon to the township clerk, 
and they shall designate therein the amount of costs made in locating 
such ditch, and shall prescribe the time when such costs shall be paid, 
together with the width, depth, and flare of the ditch determined upon. 

Sec. 4529. [Duties of the clerk thereon..] The clerk shall record 
the report in the ditch journal of the township, and apportion the 
payment of the costs of location to the parties interested in such ditch, 
in the same manner as is herein provided for the apportionment of the 
labor of construction ; and the clerk shall prepare for the use of each 
person having costs to pay and labor to perform, a brief statement in 
writing, or by printed blank filled out, describing the apportionment of 
such ditch, together with the length, depth, width, and flare of the 
same, the amount of costs assessed against such person, when to be 
paid, and by what time work must be completed. 

Sec. 4530. [Time to complete work may be extended.] The 

trustees, at the expiration of the time specified for the completion of 
such work, may, if they deem it necessary and proper, extend the time 
for the completion of the same to a time not exceeding four months 
from the time previously specified, and the clerk shall record such 
extension of time on the ditch journal. 



176 LAWS RELATING TO AGRICULTURE. 

Sec. 4531. [Flood-gates may be ordered.] When the trustees 
have located and established any such ditch, they may, if they deem it 
necessary, make an order requiring flood-gates or water-ways to be 
erected along the line thereof at all places where the owners of land 
along such ditch may desire to build or place any fence over the same ; 
and the trustees may prescribe in their order the length, height, and 
kind of flood-gates or water-ways to be erected at all such fence cross- 
ings, and the persons owning the land upon which the same may be 
erected shall thereafter keep the same in good repair. 

Sec. 4532. [How obstructions may be removed.] If any owner 
drive, or permits stakes to be driven, in the channel of such ditch, or 
in any other manner obstruct the ditch at any such fence crossing or 
other part of such ditch, and permit such obstructions to remain after 
ten days' notice in writing by the trustees, the trustees shall sell out 
the work of removing such obstructions and hindrances to the lowest 
responsible bidder, after giving ten days' notice of the time and place 
of such sale, and the time within which the work is to be performed, 
by posting up written notices or hand-bills in three or more of the 
most public places in the township ; and when such sale is made the 
trustees shall take sufficient security for the performance of the work, 
and after the sale the proceedings to collect the amount necessary to 
pay the purchaser for the work shall be the same as are provided in sec- 
tion forty-five hundred and forty-seven. 

Sec. 4533. [Appeals to the probate court.] Any person inter- 
ested in the location of such ditch or in the amount of compensation 
and damages determined upon by the trustees, may take an appeal 
from the proceedings of the trustees to the probate court of the 
county, by giving written notice thereof to the clerk of such township 
within eight days after the decision of the trustees, and by riling with 
the clerk a bond, with two or more sufficient sureties, conditioned for 
the payment of all costs made upon such appeal in case the decision of 
the trustees shall be sustained in the probate court; which bond shall 
be made to the acceptance of the township clerk and the probate judge 
of such county, indorsed on the same, and filed by the probate judge 
with the other papers in the case ; and such clerk shall thereupon, at 
the request of each person so appealing, his agent or attorney, make 
and deliver to each such person, his agent or attorney, a full and com- 
plete certified transcript of the proceedings had in the case, which shall 
be filed with the probate judge of such county within ten days from 
the filing of such bond. 

Sec. 4534. [Consolidation of separate appeals, etc.] When two 
or more persons have taken an appeal, according to the preceding sec- 
tion, the probate judge shall order the consolidation of such cases, and 
the rights of all parties interested shall be determined by the jury in 
the one case thus consolidated, and any one of the appellants may give 
the notice required in the preceding section ; and the probate judge, 
upon the filing of such bond and transcript, shall issue a notice and 
deliver the same to the appellants, returnable on a day therein named 
not beyond fifteen days, which shall specify the time of meeting of the 
parties before the court, for the purpose of hearing and determining 
all preliminary questions pertaining to the case. 



LAWS RELATING TO AGRICULTURE. 177 

Sec. 4535. [Notice to land-owners.] The appellants shall serve 
the notice by copy on all persons interested in the location of the ditch 
residing within the county, and if any person so interested reside out 
of the county, or can not be served by a copy of the notice, the appel- 
lants shall cause such notice to be published for three consecutive 
weeks in some newspaper of general circulation in the county, and 
proof of such publication shall be filed in the probate court together 
with proof of the service of such notice on all persons interested as 
aforesaid, at least three days before the time fixed for impaneling the 
jury. 

Sec. 4536. [Hearing of preliminary matters on appeal.] At the 
time specified in the notice, the probate judge shall hear and determine 
all preliminary questions pertaining to the case, and if he find that the 
appeal has not been perfected according to this chapter, he shall dis- 
miss the appeal at the cost of the appellant, and certify such dismissal 
to the trustees of the township, who shall thereupon proceed as if no 
appeal had been taken ; but the judge may, in his discretion, order and 
allow the correction of any technical defect, error, or omission in 
making such appeal. 

Sec. 4537. [Trial to jury on appeal.] If the judge find the pre- 
liminary proceedings for appeal in substantial conformity with the pro- 
visions of this chapter, he shall select a jury of twelve disinterested 
freeholders of the county, not resident of such township, who shall 
constitute a jury for such case, and shall issue, over his hand and seal 
of office, a notice of such selection, directed to the sheriff of such 
county, returnable on a day therein named not beyond forty days, 
which notice shall specify the time of meeting of the jury in the court; 
if any of the jurors fail to attend, or for good cause be excused from 
serving, or be set aside on account of a challenge, the panel shall be 
filled with talesmen as in jury cases in the courts of common pleas; 
the plaintiffs shall be entitled to two and the defendants two peremp- 
tory challenges, and may make any number of challenges for the 
causes fOr which challenges are allowed in the court of common pleas ; 
and in respect to challenges, the appellants shall be considered one 
party, and the petitioners as the other, and the jury shall be sworn to 
try all the claims which are represented by the appellants, if there be 
more than one. 

Sec. 4538. [The jury may view premises.] The jury shall then, 
under the care of the sheriff or deputy sheriff, and with such person 
or persons as the court may appoint to show them the premises, and 
before any testimony shall be given, except the plat and field notes of 
the ditch, if there be any, and the title papers of the claimants, if pro- 
duced, which in that case they shall take with them, proceed to ex- 
amine the ditch, as established or ordered, and the property of the 
several claimants taken therefor, or alleged to be injured thereby, and 
after making such examination, shall return to the court at the time 
the court shall have appointed, whereupon the trial before the jury 
shall proceed in the same manner as other jury trials in said court. 

Sec. 4539. [The form of the verdict:.] The jury shall render a 
verdict in writing, and shall find therein: first, wheher it will be con- 

12— F. H.-B. 



178 LAWS RELATING TO AGRICULTURE. 

ducive to the public health, convenience, or welfare, to cause the pro- 
posed ditch to be established or located ; second, the amount of 
compensation due each person claiming compensation in case of the 
location of the same which shall be computed without deduction for 
benefits to any property of such person; third, the amount of dam- 
ages resulting to all parties claiming the same; and the judge is au- 
thorized to adjourn the proceedings in the premises from time to time, 
as circumstances may require. 

Sec. 4540. [Proceedings on return of the verdict.] Upon the 
return of the jury, the judge shall make a record of all the proceed- 
ings had in the case before him, and shall also make such order as to 
the payment of compensation for land used, or damages sustained, as 
the jury shall report; and shall also tax such costs in the proceeding, 
as are provided by law in similar cases ; and issue execution therefor. 

Sec. 4541. [Fees and costs, and to whom taxed.] If the report 
of the jury be not in favor of the appellant, all costs made on such 
proceedings in the court shall be taxed to and paid by such appellant, 
and collected as judgments at law in other cases ; but if two or more 
persons have appealed, and the report of the jury be favorable to some 
of the appellants, and against the other appellants, the judge shall 
apportion the costs equitably among all the appellants, except those in 
whose favor the report of the jury is made; and the jurors shall be al- 
lowed one dollar and fifty cents per day each, together with mileage 
from their respective residences to the probate court, at the rate of 
five cents per mile. 

Sec. 4542. [Judge to make transcript, and trustees to meet.] 

The probate judge shall make a transcript of all the proceedings had 
before him in the case, and transmit the same, together with all the 
files and papers in the case to the clerk of the township ; and the town- 
ship clerk shall notify the trustees to meet at his office, at a time to be 
fixed by him, and within five days from the date of the notice, to deter- 
mine the matters growing out of the appeal and verdict, and to secure 
the construction of the ditch in the manner provided in this chapter 
when no appeal is taken. 

Sec. 4543. [How trustees to proceed if no appeal.] As soon as 
an appeal shall be perfected from the decision of the township trustees, 
all further proceedings before them on the petition shall be stayed ; 
but if no appeal be taken, the trustees, upon the expiration of the time 
specified by them for the opening of the ditch, shall immediately pro- 
ceed to inspect the same ; and if any section or part of a section, has 
not been completed, the trustees shall accept a bond with sufficient 
surety from the person having such unfinished work to perform, con- 
ditioned for the faithful completion of such work, within such time 
as the trustees shall specify in the bond ; but if any such person, hav- 
ing unfinished work at the time of inspection as aforesaid, fail or re- 
fuse to give bond for the completion of the same, the trustees shall 
immediately proceed to sell such unfinished work by such sections to 
the lowest bidders, by setting written or printed notices of such sale 
in at least three of the most public places in such township, for at 
least ten days before the day of sale, specifying the time when such 



. 



LAWS RELATING TO AGRICULTURE. 179 

work shall be completed ;and the trustees shall take such bond or other 
security for the performance of such work as they may deem proper. 

Sec. 4544. [At what price work may be sold.] Before the- work 
of constructing such ditch shall be sold by the township trustees, they 
shall make a fair and impartial estimate of the cost of the work, which 
estimate shall be entered upon the ditch journal, and the work shall 
not be sold for a sum exceeding such estimate ; and the fees and allow- 
ances in all such proceedings, and the apportioning and assessing of 
such costs and expenses, shall be the same as in the original location 
and establishment of the ditch, to be paid by the person whose section 
of such ditch shall be sold, and collected and paid out as provided in 
section forty-five hundred and forty-seven. 

Sec. 4545. [Actions on bonds and re-sales of work.] If a per- 
son giving bond in either case, or in both cases, for the completion of 
such unfinished work, fail to comply with the conditions of the bond 
within ten days after the time specified in the bond for the completion 
thereof, he shall be held liable on the bond to pay all costs and ex- 
penses incurred, and shall pay all damages and costs of prosecution 
arising in consequence thereof ; and the township trustees shall imme- 
diately bring suit in the name of the township, before any court having 
competent jurisdiction, against such person, for all costs and expenses 
resulting from the non-performance of such work; and the journal 
containing the record of their proceedings, or a certified copy there- 
from', shall be prima facie evidence of such indebtedness ; and the trus- 
tees shall immediately proceed to sell or re-sell, as the case may be, 
such unfinished section, in the same manner as if no previous bond 
on previous sale had been taken; and if the purchaser also fail to com- 
plete such work, the trustees shall again enter suit as provided for in 
this section, and also again re-sell in conformity with this chapter, 
until the work shall be completed; but the same work shall not be 
sold more than once to the same person. 

Sec. 4546. [Any person injured may have action.] A person 
who has sustained damage in consequence of the non-performance of 
such work, may bring suit before any justice of the peace of the town- 
ship where the damage has been sustained, against the person in de- 
fault, and collect damages, with costs of suit, in the same manner as 
the law provides in suits for damages. 

Sec. 4547. [When assessments to be put on duplicate.] As soon 
as the work shall be completed in conformity w T ith the sale, and to 
the satisfaction of the trustees, they shall immediately certify to the 
auditor of the county the amount each section sold for, adding the pro- 
portionate amount of costs and expenses of such sale, together with a 
correct description of each piece of land upon which the same is as- 
sessed; and the auditor shall place the same on the duplicate, to be 
collected as other state and county taxes are collected; and the trus- 
tees shall at the same time certify the amount due to each person, and 
the auditor shall draw orders for the payment of such amount out of 
the county treasury ; but any person interested may pay the amount 
of the purchase money and proportionate share of costs and expenses 



180 LAWS RELATING TO AGRICULTURE. ■ 

as aforesaid to the trustees at any time before the same are charged 
on the duplicate, to be paid by the trustees to the purchaser of such 
section. 

Sec. 4548. [Costs when the verdict against appellant.] If the 

jury appointed by the probate judge shall report in conformity with 
the proceedings of the trustees, as far as the interest of the person so 
appealing shall be concerned, then and in that case all costs made on 
such appeal shall be taxed against such appellant. 

Sec. 4549. [Costs may be put on the duplicate.] If any person 

fail or refuse to pay his apportionment of costs of locating and estab- 
lishing the ditch, or of the cleaning out, deepening, widening, or re- 
pairing of the same, by the time specified by the trustees for the pay- 
ment of such cost, they shall certify the same to the auditor of the 
county, giving a correct description of each piece of land upon which 
such cost is assessed, and the auditor shall place the same on the tax 
duplicate, to be collected as other state and county taxes are collected ; 
and the county treasurer shall pay such amount to .the township treas- 
urer as other township funds, specifying the purpose of the same ; and 
the trustees shall pay out the same in conformity with the record on 
the ditch journal. 

Sec. 4550. [When a person injured may sue trustees.] Who- 
ever sustains damage by the failure of the trustees to perform any duty 
imposed upon them by this chapter, may recover the same by action 
against them before a justice of the peace. 

Sec. 4551. [Proceedings when papers are lost.] Where the rec- 
ords, proceedings, or papers pertaining to any ditch, under the provis- 
ions of this chapter, have in any way been lost or destroyed, the trus- 
tees may re-establish the ditch on the original route, and determine 
the depth, width, and flare, and divide the same into suitable sections, 
and apportion the same as provided in this chapter, and make a full 
record of such proceedings, and the record thus made shall thereafter 
be deemed conclusive evidence of the original capacity and apportion- 
ment of said ditch. 

Sec. 4552. [Township ditch may be altered or repaired by trus- 
tees.] The trustees shall have the power to cause any ditch, or any 
part thereof, located and constructed under any law, to be altered, 
deepened, widened, enlarged, repaired, boxed or tiled, and the same 
proceedings shall be had so far as is applicable, as is required in the 
location and construction of the same ; and in all cases the expenses 
thereof shall be apportioned in the same manner as is provided herein 
for original construction. 

Sec. 4559. [What taxes or assessments are not void.] The col- 
lection of taxes, or assessments levied or assessed, or ordered to be 
levied or assessed, to pay for the expense of location, or for the con- 
struction of any ditch, laid out or constructed under and by authority 
of this chapter, shall not be perpetually enjoined or declared absolutely 
void in consequence of any error committed by the engineer or sur- 
veyor, or by the township clerk, or by the trustees of a township in the 



LAWS RELATING TO AGRICULTURE. 181 

location and establishment thereof, nor by reason of any error or 
merely technical informality appearing in the petition or record of the 
proceedings, nor by reason of any want of notice by which such ditch 
shall have been located and established. 

Sec. 4560. [Only party injured can have relief.] The court, in 
which any proceeding is brought to recover any tax or assessment, or 
to reverse or declare void the proceedings to locate or establish any 
ditch, or to construct the same, or to enjoin the tax levied or assessed, 
or ordered to be levied or assessed to pay for the location or construc- 
tion of a ditch, shall proceed in the same manner, and exercise the 
same authority over said ditch proceedings or any part thereof, as is 
prescribed and granted to such court in section forty-four hundred and 
ninety-one of the Revised Statutes, and all acts amendatory thereof 
or supplementary thereto. 



REMOVAL OF DRIFT. 

Sec. 4561. [Who may remove drift on another's land, and when.] 

Any person who may be injured by reason of any drift of wood, or 
other substance, casually produced in the channel of any stream or 
water-course, upon the lands of another after three days' notice pre- 
viously given in writing to the owner, or occupant of such lands, if 
they are occupied, and if not occupied, then without such notice, may 
enter thereon, with such assistance as may be necessary, and then and 
there remove such drift or other obstruction ; but any person so enter- 
ing, shall remain liable, as at common law, for any injury done or com- 
mitted to the rights of the owner or occupant of such lands, which 
might be avoided in the removal, of such obstructions, and shall not 
have the right to remove off of the lands upon which such drift or ob- 
struction may be situate, any of the substances composing such drift 
or other obstructions. 

1 
Sec. 4562. [County commissioners authorized to cause removal 
of drift or other obstruction for protection of roads and bridges.] The 
commissioners of any county shall have power and they are hereby 
authorized to cause to be removed, from any river, water course or 
creek, within their county, any drift, timber, piling or other obstruc- 
tion placed in any river, water course or creek, or allowed to remain 
therein by any person, corporation, railway company, or electric rail- 
way company, which in any manner or to any extent obstructs the 
free flow of the water, or which endangers any county or township 
road, or free turnpike, after giving thirty days' notice to such person, 
corporation, railway company, or electric railway company, or their 
or its agents to remove the same within said time; and all expenses 
of such removal by the county commissioners shall be paid out of the 
county treasury, and the amount so paid together with fifty per centum 
penalty shall be placed upon the duplicate by the county auditor, 
against every such person, corporation, railway company, or electric 
railway company, failing to remove any such drift, timber, piling or 
other obstruction, and to be collected as other taxes. (O. L. v. 98, p. 
22.) 



182 LAWS RELATING TO AGRICULTURE. 

Sec. 4563. [Application by tax-payers therefor.] When there 
is filed with the county auditor a petition signed by five or more tax 
payers of the county, setting forth the benefits to be derived from re- 
moving such drift and timber, the starting point and terminus, with a 
description of the river or watercourse to be cleared, and amount of 
drift and timber to be removed, together with an estimate of cost to 
be incurred to complete the work, the auditor shall at the next regular 
or called meeting of the commissioners notify them of the filing of the 
petition. 

Sec. 4564. [Appointment of viewer.] The commissioners, upon 
receiving such notice, shall forthwith appoint some disinterested per- 
son resident of the county, who shall go upon the line of such river or 
watercourse, and carefully examine the same, and make his report to 
the county auditor in writing, stating whether he deems the clearing 
of the river or water-course important and beneficial for the protection 
of any state or county road or bridge, and if so, an estimate of the 
amount of money required to perform the labor. 

Sec. 4565. [Report of viewer, and proceedings thereon.] The 

auditor shall, at the first regular or called meeting of the commission- 
ers, after receiving the report from such person, notify the commis- 
sioners of the same, and if the report recommends the clearing of the 
river or water-course.. the commissioners shall proceed to let the same 
at public sale to the lowest bidder, whose bid is not twenty per cent, 
above the estimate cost, and who has no official duty to perform about 
the work and take a bond payable to the state, of the person to whom 
the work is let, with good and sufficient sureties for the performance 
of the same within a specified time ; and on completion of the work 
thus let and accepted by the commissioners, the auditor shall issue a 
certificate to the person performing the work for the sum due. 

Sec. 4566. [Costs and expenses to be paid out of bridge fund.] 

All the costs of letting and clearing such river or water-course, and all 
the other necessary expenses which shall accrue, shall be paid out of 
the county treasury, out of the bridge fund, on the order of the county 
auditor. 

Sec. 4567. [Commissioners may remove obstructions as a san- 
itary measure.] The county commissioners of any county may, when- 
ever in their opinion the same will be conducive to the public health, 
convenience, or welfare, upon petition of the owner of any land ad- 
joining or adjacent to any stream of living water, remove, or cause 
to be removed any drift, timber, or other obstructions except mill- 
dams, water-works, or flood-gates, that may hinder the free passage 
of water in the natural channel of such stream. 

Sec. 456717. [County commissioners may remove certain mill- 
dams as a sanitary measure.] The county commissioners of any 
count}- may. whenever in their opinion the same will be conducive to 
the public health, convenience or welfare, upon petition of the owners 
of any lands adjoining or adjacent to any stream of living water, re- 
move or cause to be removed any mill-dam or mill-dams that may 
hinder the free passage of water in the natural channel of such stream. 



LAWS RELATING TO AGRICULTURE. 183 

Sec. 4567/?. [Applications for; how made; bond; duty of county 
auditor; principal petitioner to give notice; when hearing must be 
adjourned.] All applications by the owners of lands adjoining or 
adjacent to any such stream shall be by filing with the county auditor 
a petition signed by at least two-thirds of said owners, stating the 
necessity for such improvement and the removal of said mill-dam or 
mill-dams, together with a sufficient bond with sureties to the accept- 
ance of the county auditor, conditioned to pay all expenses incurred in 
case the county commissioners refuse to grant the prayer of the peti- 
tion ; and thereupon, the county auditor shall give notice to the com- 
missioners of the filing and pendency of the petition, and the commis- 
sioners shall immediately designate a time and place when and where 
they will meet to hear the petition and complete their proceedings 
thereon, and the principal petitioner shall cause notice in writing to be 
given to the owners of each of said tracts of land sought to be affected 
by said proceedings, of the filing and pendency and time of hearing of 
the petition, which notice shall be served not less than ten days before 
the day fixed for hearing thereof, and said original notice, duly verified, 
shall be filed with said auditor on or before said day of hearing. On 
the day set for the hearing, if it appear to the commissioners that any 
person who is interested in such improvement, and in the removal of 
said mill-dam or mill-dams has not been duly notified as required by 
the preceding section, or that any requisite preliminary steps have not 
been taken, they shall adjourn said hearing to some future time, not 
exceeding twenty days, and shall order such notice to be given, or 
said preliminary steps to be taken. 

Sec. 4567c. [Hearing; view of premises; report and record of 
findings; negotiations for purchase and removal.] If the commis- 
sioners find that the bond has been filed and notice given, they shall 
proceed to hear and determine the petition and shall proceed to view 
the premises along the proposed improvement, and the lands of the 
petitioners and others affected by said mill-dam or mill-dams, and if 
they find that such improvement and removal of said mill-dam or mill- 
dams will be conducive to the public health, convenience or welfare, 
they shall report their findings in writing and order the auditor to 
enter the same on the journal, and they shall at once proceed to nego- 
tiate with the owner or owners for the purchase of such mill-dam or 
mill-dams of all rights, title and interest they may have to or in the 
same, and all franchises pertaining thereto, receiving thereby in writ- 
ing the terms and conditions by which said owner will grant the ab- 
solute right to remove the same and for the free passage of water in 
the channel of such stream. 

[Further hearing; notice.] Said commissioners shall fix a day 
for further hearing, and order that due notice be served in writing by 
the principal petitioners upon each and every one of said petitioners 
or any other person or persons interested in the said improvement or 
the removal of such mill-dam or mill-dams of the time and place 
of said hearing. 

[Adjournment; notice.] If on said hearing it appears to the com- 
missioners that the notice herein provided for has not been given, the 
commissioners shall adjourn to some future time, not exceeding twen- 
ty days, and shall order such notice to be given. 



184 LAWS RELATING TO AGRICULTURE. 

[Meeting for final hearing; statement of costs.] On the day fixed 
by the commissioners for final hearing they shall meet at the time and 
place appointed, and shall then and there state and make known to 
the petitioners the amount asked by the owner or owners of such mill- 
dam or mill dams of all their right, title and interest to and in the 
same and the franchises pertaining thereto, and for the right to re- 
move the same, so that the waters of such stream shall pass through 
without hindrance, and the necessary cost of removing said mill-dam 
or mill-dams, as estimated by said engineer or surveyor, together with 
all other taxable costs of the proceedings. 

[Record.] And if upon such statement no objections be made 
thereto by said petitioners, or either of them, said commissioners shall 
make a record thereof. 

[Apportionment of costs.] Said commissioners shall apportion 
to each of said petitioners and all other land owners benefited by the 
improvement, in a fair and equitable manner, according to the benefits 
to be derived therefrom, as nearly as can be done, all the costs of the 
proceedings as in county ditch cases, the amount asked by the owner 
or owners of said mill-dam or mill-dams and agreed upon as above, 
and the amount of cost necessary to the removal of said mill-dam 
or mill-dams, as reported by the surveyor or engineer. 

[Proceedings on failure to agree or on objection; lands in two or 
more counties.] Upon failure to agree with the owner or owners of 
such mill-dam or mill-dams, or on having agreed, if upon such state- 
ment objections be made thereto by the petitioners, or either of them, 
then the proceedings as to appeals, applications for damages, and in all 
other respects shall be taken to determine the amount of damages 
to be awarded to land owners affected, as is provided in the statutes 
as to the location and establishment of county ditches ; and if the 
lands affected are situated in two or more counties, the proceedings 
shall be governed by the provisions of the said ditch statutes. 

[Abandoned mill-dam and water-rights; removal of such mill- 
dam; cleaning out of water-course.] (But in any case where a mill 
has become useless or has been destroyed, and has so remained for 
more than five years without any attempt to repair or rebuild the 
same, the mill-dam and water-rights and privileges belonging to the 
same shall be* deemed abandoned, and the rights thereto as against the 
public health, convenience and w r elfare, under this act shall cease and 
be barred ; and the commissioners may, under this act, without bar- 
gain or compensation, cause such mill-dam to be removed and the 
watercourse upon which it is located cleaned out and improved when 
an apportionment has been made as hereinbefore stated.) 

[Assessment of costs.] The commissioners shall then order the 
said amounts to be placed upon the tax duplicates, against the real 
estate of said petitioners, and all other land owners benefited by the 
removal of such dam, and to be collected within the time, and to meet 
the payments as far as practicable in conformity with the provisions 
of the county ditch law, whether agreed upon between said com- 
missioners and said mill-dam owner or owners, or fixed by the com- 






LAWS RELATING TO AGRICULTURE. 185 

missioners or otherwise in pursuance to the provisions of the laws 
relating to county ditches, adding to the first year's assessment the 
taxable costs of the proceedings and the estimated costs of removing 
said mill-dam or mill-dams. 

[Collection and disbursement cf assessments.] Said assessment 
shall be collected the same as other assessments against real estate 
and paid into the treasury out of the county wherein said petitioners 
reside, and wherein said mill-dam or mill-dams are situated, and shall 
be paid out by the county treasurer on the warrant of the county 
auditor, who shall issue his warrants in accordance with the records 
and orders of the county commissioners. 

[Sale and supervision of work.] The surveyor or engineer ap- 
pointed by the commissioners shall sell at public outcry the work of 
removing such mill-dam or mill-dams and supervise the same as 
stated in sections forty-four hundred and seventy-five, forty-four hun- 
dred and seventy-seven and forty-four hundred and seventy-eight of 
the Revised Statutes of Ohio. 

Sec. 4568. [Application therefor, and bond.] All applications 
by the owner of land adjoining or adjacent to any such stream, shall 
be by filing with the county auditor a petition, stating the necessity 
for such improvement, together with a sufficient bond with surety to 
the acceptance of the county auditor, conditioned to pay all expenses 
incurred in case the county commissioners refuse to grant the prayer 
of the petition ; and thereupon the county auditor shall give notice to 
the commissioners of the filing and pendency of the petition, and the 
commissioners shall immediately designate a time and place when 
and where they will meet to hear the petition and complete their pro- 
ceedings .thereon. 

Sec. 4569. [Notice to land-owners.] The petitioner shall cause 
notice in writing to be given to the owners of each tract of land sought 
to be afTected by said proceedings, of the filing and pendency of the 
petition, which notice shall be served not less than five days before 
the day fixed for the hearing thereof; and if any person owning lands 
sought to be afTected by the proceedings be a non-resident of the 
county, a notice shall be given him by publication for two consecutive 
weeks in some newspaper published or of general circulation in the 
county. 

Sec. 4570. [Hearing cf preliminary matters.] On the day set 
for the hearing, if it appear to the commissioners that any person who 
is interested in such improvement has not been notified as required 
by the preceding section, or that any requisite preliminary steps have 
not been taken, they shall adjourn to some future time, not exceeding 
twenty days, and shall order such notice to be given, or such prelim- 
inary steps to be taken, and a majority of the commissioners shall 
be competent to perform any of the requirements of this chapter. 

Sec. 4571. [Hearing on the merits, and proceedings thereon.] 

If the commissioners find that the bond has been filed and notice 
given, they shall proceed to hear and determine the petition, and, if 



186 LAWS RELATING TO AGRICULTURE. 

they deem it necessary, shall view the premises along the proposed 
improvement, and, if they find that such improvement will be con- 
ducive to the public health, convenience, or welfare, shall order the 
same and proceed to apportion the clearing of the channel of such 
stream in a fair and equitable manner, according' to the benefits to be 
derived therefrom, as near as the same can be done, among the 
owners of lands adjoining or adjacent to such stream, and the county 
auditor shall make a full and complete record of all such proceedings 
in the journal of the proceedings of the commissioners. 

Sec. 4572. [Apportionment of the work.] The commissioners, 
whenever they order such improvement, shall divide the same into 
suitable sections, not less in number than the owners of land sought 
to be affected, and shall also prescribe the time in which the work on 
the improvement shall be completed and by whom to be done ; and 
they shall allow all reasonable fees, costs, and expenses incurred in 
viewing and apportioning such improvement, to be paid out of the 
county fund ; and whenever the commissioners deem the same right 
and just, they shall assist in the clearing of any such stream, by com- 
mon levy, not to exceed five-tenths of one mill on the dollar's val- 
uation in any year in their county. 

Sec. 4573. [When benefited lands are in more than one county.] 

Whenever the land to be benefited by such improvement is in two or 
more counties, the commissioners of each county shall meet and 
divide, as before specified, the clearing of such stream jointly, and 
shall be governed in all respects by the provisions of this chapter. 

Sec. 4574. [Petition, and notice in such case.] In such case 
copies of the notice and petition, as required by sections forty-five hundred 
and sixty-eight and forty-five hundred and sixty-nine, shall be filed with 
the county auditor of each county in which any part of such land is 
situate ; and at the time of hearing of the petition, and at the time of 
hearing the report of the commissioners, any one or more of the com- 
missioners of such counties may meet with the commissioners of the 
county in which the petition was first filed, and, when so met, shall 
each have the same authority to act and decide as if they were several- 
ly commissioners of such county and the board were constituted of 
the whole number of commissioners present. 

Sec. 4575. [Notice of appeal, and bond.] Any person inter- 
ested in such improvement may, after the same is ordered, take an 
appeal from the proceedings of the commissioners to the probate 
court of the proper county, by giving written notice thereof to the 
auditor of such county within five days after the decision of the com- 
missioners, and by filing with the auditor a bond, with two or more 
sufficient sureties, conditioned to pay all costs made upon the appeal, 
in case the decision of the commissioners be sustained in the probate 
court, which bond shall be made to the acceptance of the county 
auditor and the probate judge of the county, endorsed on the same, 
and filed by the probate judge with the other papers in the case; and 
when two or more persons take an appeal, the probate judge shall 
order the consolidation of such cases into one case, and the rights of 
all parties in interest shall be investigated by the jury in the one 
case thus consolidated. 



LAWS RELATING TO AGRICULTURE. 187 

Sec. 4576. [Transcript, and the filing thereof.] The county- 
auditor shall, at the request of a person so appealing, his agent or 
attorney, make and deliver to such person, his agent or attorney, a 
full and complete transcript, duly certified, of the proceedings had in 
the case, which transcript shall be filed with the probate judge of 
the county within ten days from the filing of such bond. 

Sec. 4577. [Drawing the jury, and venire.] The probate judge 
upon the filing of such bond and transcript, shall cause to be drawn 
from the jury box, as provided by law in other cases, a jury of twelve 
disinterested freeholders of the county, who shall constitute a jury 
for such case and shall issue a venire, directed to the sheriff of such 
county, returnable on a day therein named, not exceeding thirty days, 
which shall specify the time of meeting of the jury in the probate 
court. 

Sec. 4578. [Notice of the meeting of the jury.] The applicant 
shall notify all persons interested in the improvement, of the time fixed 
by the probate court for the meeting of the jury, and if any person 
interested in the improvement reside out of the state, or can not be 
served in writing with such notice, the judge, being notified of the 
fact, shall cause such notice to be published for three successive weeks 
in some newspaper printed or of general circulation in the county ; and 
proof of the publication of such notice shall be filed with the probate 
court before the impaneling of the jury, together w r ith the proof of the 
service of such notice in writing on all persons interested, as afore- 
said, at or before the time so specified. 

Sec. 4579. [Hearing of preliminary matters.] At the time spec- 
ified in the notice, the probate judge shall hear and determine all pre- 
liminary questions, and if he find that the proceedings in appeal have 
not been perfected, he shall dismiss the appeal at the costs of the appel- 
lant, and certify such dismissal to the commissioners of the county, 
who thereupon shall proceed as if no appeal had been taken; but the 
judge may, in his discretion, order and allow the correction of any 
technical defect, error, or omission in making such appeal. 

Sec. 4580. [Oath and report of the jury.] The judge shall ad- 
minister an oath to the jury faithfully and impartially, and upon actual 
view, if so required by either party, to determine whether such im- 
provement will be conducive to the public health, convenience, or wel- 
fare, and the jury shall file a report with the judge within five days 
after taking such oath, unless he, for good cause shown, shall allow 
further time. 

Sec. 4581. [Proceedings on report of jury.] Upon the return 
of the jury, the probate judge shall make a record of all the proceed- 
ings had in the case before him, and shall also make such order as to 
payment of costs as are provided by law in similar cases, which costs, 
together with those made before the commissioners, shall be divided, 
to be paid in fair proportion among the appellants, in conformity to 
the report of the jury ; but if the report of the jury shall not be in favor 
of the appellant, all costs made on such proceeding in the probate 
court shall be taxed to and paid by such appellant, and collected as 



188 LAWS RELATING TO AGRICULTURE. 

judgments at law in other cases; but if two or more persons have ap- 
pealed, and the report of the jury be for some and against the other ap- 
pellants, the probate judge shall apportion the costs equally among 
all the appellants, except those in whose favor the report of the jury is 
made; and the jurors shall be allowed two dollars each per day, to- 
gether with mileage as in other cases. 

Sec. 4582. [Proceedings when no appeal is taken.] If no appeal 
be taken, the county commissioners upon the expiration of the time 
specified by them for finishing the improvement, and upon being 
satisfied, by inspection and view, that any part of such improvement 
has not been completed, shall proceed to sell the same to the lowest 
responsible bidder, by first giving notice of such sale at least two 
weeks in some newspaper of general circulation in the county where 
such improvement is located, specifying the time when such work 
shall be completed, and they shall take such bond, or other security, 
for the performance of such work, as they may deem proper; and im- 
mediately after the sale they shall certify to the county auditor the 
amount each section sold for, together with a correct description of 
each piece of land, and the auditor shall place the same on the dupli- 
cate, to be collected as other state and county taxes are collected. 

Sec. 4583. [Payment for work done.] As soon as the work is 

completed in conformity with such sale, and to the satisfaction of the 
commissioners, they shall certify the amount due each person to the 
auditor of the proper county, and the auditor shall draw orders for the 
payment of such amount out of the county treasury; but any person 
interested may pay the amount of the purchase money to the commis- 
sioners, at any time before the same is charged on the duplicate, to be 
paid by them to the purchasers of such section or sections respectively. 

Sec. 4584. [Commissioners may keep channel clear.] County 
commissioners have the same power to keep the channel of any stream 
of living water in any county free and clear of all drifts, timber, or 
other obstructions, in the same manner as is provided in this chapter 
for clearing the same. 

AN ACT 

To provide for the cleaning out and keeping in repair of public ditches, drains 
and water courses and to repeal an act passed April 15, 1902, entitled, "An 
act to provide for the cleaning out and keeping in repair public ditches, 
drains and water courses, and to repeal sections 4496, 4497, 4497a, 4498, 
4553, 4554, 4555, 4556 of the Revised Statutes of Ohio, and sections 1 to 
13 inclusive and as amended of an act entitled, "An act to provide for the 
cleaning out and keeping in repair public ditches and water courses," 
passed April 15, 1902. 

(4584-1) Section 1. [Township ditch supervisor; election, term 
and vacancies.] That in any township in which there have been lo- 
cated and established county or township ditches, or in which county 
or township ditches may hereafter be located and established, there 
may at the time and in the manner provided by law for the election of 
township officers, be elected a township ditch supervisor, who shall 
serve for a term of four years. In case a vacancy occurs in this office, 



LAWS RELATING TO AGRICULTURE. 189 

by resignation or otherwise, the township trustees shall fill said va- 
cancy by appointment, until the next proper election, when a succes- 
sor shall be chosen for the unexpired term. 

(4584-2.) Section 2. [Oath and bond.] Before entering upon 
the duties of his ofhce the township ditch supervisor shall take an 
oath of office, and shall give bond, with sureties approved by the trus- 
tees, in such sum as they determine, payable to them, and conditioned 
for the faithful performance of his duties as such ditch supervisor, and 
said bond shall be recorded by the township clerk, and filed with him, 
and be carefully preserved. 

(4584-3) Section 3. [Division, of ditch into working sections; 
apportionment of same to township, county and landowners according 
to benefits.] For the cleaning out and keeping in repair of all town- 
ship and county ditches, it shall be the duty of the township ditch su- 
pervisor to divide the same into working sections and apportion the 
same to the landowners, corporate roads, railroads, township and 
county according to the benefits received, and all working sections 
allotted to each landowner to be on or as near as practicable to his 
premises. 

(4584-4) Section 4. [Ditch located in two or more townships, 
apportionment of.] When an established ditch or water course is 
located in two or more townships, the township ditch supervisors of 
the townships in which the said improvement is located shall together 
make the apportionment provided for in section 3 of this act. 

(4584-5) Section 5. [Notice of apportionment; duty of land- 
owner, etc., as to the cleaning out of ditches.] When the apportion- 
ment of any ditch provided for in sections 3 and 4 of this act is com- 
pleted, the ditch supervisor shall within ten days after the same is 
completed notify in writing each of the lot and landowners, corporate 
roads, railroads, township and county, assessed thereon, of the portion 
assigned to them and of the date of the completion of the apportion- 
ment and it shall be the duty, of each lot and landowner, corporate 
road, railroad, township and county, so notified, to clean out said por- 
tion, or section, of the said ditch or water course, as fixed by such ap- 
portionment, or in case the same be changed by the trustees, then as 
fixed by them, to its full depth and capacity as originally constructed, 
and whenever necessary reclean the same without further notice. It 
shall also be the duty of all parties assessed as provided in this section 
to mark the terminus of their respective working section, by planting 
a substantial post or marker, on which shall be cut or painted the num- 
ber of the section. 

[Meeting of township trustees to hear and consider protests 
against apportionment.] The trustees of the township wherein said 
ditch is located, or in case the same be located in more than one town- 
ship then the trustees of the several townships shall hold a meeting at 
their usual place of meeting, and in case of a joint meeting then at the 
usual place of meeting of the trustees of the township wherein the 
ditch begins, on the second Saturday after the completion of said ap- 
portionment, beginning at 9 o'clock a. m. at which shall be considered 



190 LAWS RELATING TO AGRICULTURE. 

all protests against such apportionment, and any other 'business which 
may properly come before it, and no notice of such meeting shall be re- 
quired to be given. 

Any landowner dissatisfied with his apportionment as made by 
said supervisor or supervisors may appear at such meeting of the trus- 
tees and protest against the same; and it shall thereupon be the duty 
of the trustees to hear and determine such protest and to change or 
modify said apportionment as justice may require, having due regard 
to the benefit to be received from said improvement by any landowner; 
and to confirm the same either as made by such supervisor or super- 
visors or as modified by it. iVnd the supervisor or supervisors making 
such apportionment shall attend upon said meeting. 

(4584-6) Section 6. [Grouping of small sections; sale of work 
to lowest responsible bidder; assessment of cost against landowner.] 

If there were assessed to any tract or land, road, railroad, township, or 
county, for the cleaning out and keeping in repair, of any ditch or 
water course, a sum less than three (3) dollars, the township ditch su- 
pervisor may group these small sections together as conveniently as 
possible, and if the parties to whom they are assessed, neglect or re- 
fuse to clean out the same, and keep the same in repair, the ditch su- 
pervisor is hereby authorized to sell the work of cleaning out said sec- 
tions to the lowest responsible bidder and take a bond with approved 
surety for the faithful completion of the work, and certify the cost of 
said work to the county auditor, who shall place the same upon the 
tax duplicate, against the lands so assessed, pro rata, and the same 
shall become a lien upon the land and be collected as other ditch 
taxes. 

(4584-7) Section 7. [Upon refusal or neglect of landowner to 
clean out ditch, supervisor shall sell work to lowest responsible bidder, 
and certify cost to county auditor.] If any landowner, corporate road, 
railroad, township or county, notified to clean out the ditch or water 
course under the provisions of this act, shall neglect or refuse to comply 
with same before the 15th day of October in each year, the ditch super- 
visor shall, after giving ten (10) days' notice by posting notices in 
three conspicuous places in said township, sell the work of cleaning 
said section or sections to the lowest responsible bidder, and take a 
bond as provided in section six (6) and certify the cost thereof to the 
county auditor, as provided in section six (6) of this act. And the 
ditch supervisor shall certify the amount due the contractor, or con- 
tractors, for the work done, according to the provisions of this act, to 
the township trustees, who shall order the same paid out of the town- 
ship ditch fund. 

(4584-8) Section 8. [Collection of costs so certified.] All costs 
certified to the county auditor under the provisions of this act shall be 
collected by the county treasurer and be paid over to the treasurer of 
the township whence the certificate came, as township ditch funds. 

(4584-9) Section 9. [Township ditch fund; tax levy for.] The 
township trustees of any township to which this act applies are here- 
by authorized and empowered to levy a tax upon all the taxable prop- 



LAWS RELATING TO AGRICULTURE. 191 

erty of said township not to exceed five-tenths (5-10) of one mill upon 
each dollar valuation, to be known as the township ditch fund for the 
purpose of carrying out the provisions of this act. 

(4584-10) Section 10. [Compensation of supervisor and as- 
sistant.] The township ditch supervisor shall be allowed two dollars 
($2) per diem, for the time actually engaged in performing the duties 
of his office, said compensation to be paid by the township trustees, 
out of the township ditch fund, upon presentation of an itemized ac- 
count, verified upon oath by the township ditch supervisor. The 
township ditch supervisor shall be allowed one assistant, when actual- 
ly engaged in measuring a ditch or ditches. Said assistant shall re- 
ceive one dollar and fifty cents per day for the time actually employed, 
and shall be paid by the trustees out of the township ditch fund, upon 
the certificate of the ditch supervisor. 

(4584-11) Section n. [Tiled ditches.] Where any county or 
township ditch, or any part thereof, has been tiled, or may hereafter 
be tiled, said ditch, or the part thereof which has been filed [tiled] 
shall not be affected by the provisions of this act. Provided said, tile 
is of sufficient capacity to carry all the water drainage through said 
ditch or water course so as not to flood the adjacent lands above; but 
if in the judgment of' the township ditch supervisor, said tile is small 
and insufficient to provide the necessary drainage, the surface ditch 
shall be kept open by the provisions of this act. 

(4584-12) Section 12. [Ditch must be kept free and clear of fal- 
len timber, tree tops, logs, etc.] Every person or corporation through 
whose lands any ditch improvement is constructed, must keep it free, 
and clear of fallen timber, tree tops, logs or any other obstructions, 
upon his or its premises ; and in case of a failure to do so, any person 
or corporation aggrieved by any such obstructions may notify the 
township ditch supervisor of the fad:, in writing, who must at once ex- 
amine the premises and inquire into the truth of the statement, and, if 
he find the statement to be true, he must immediately notify the owner 
of the land on which such obstruction exists, to remove it within a 
reasonable time, not exceeding ten days. On the receipt of the notice 
from the township ditch supervisor to remove said obstruction, the 
owner or owners so notified, if he or they deem said demand unjust, 
unfair, or unreasonable, can within ten days from date of notice de- 
mand a public hearing wdiich hearing shall be before the board of 
township trustees, who shall determine, from the evidence whether or 
not the lot, landowner or landowners, corporate roads, railroads, town- 
ship or county, is or are liable for the removal of said obstruction. And 
if the owner or owners found liable by the township trustees fail to re- 
move the obstructions, the ditch supervisor must at once cause the 
same to be removed at the expense of the landowners in proportion to 
the benefits received by them, and certify such expense to the auditor, 
who must place the same upon the tax duplicate, as an assessment 
upon the lands of such person or corporation. This assessment will 
be a lien upon such lands and must be collected as other ditch taxes, 
and be paid over to the township treasurer as provided in section 8 of 
this act. And the ditch supervisor shall certify any expense accruing 
under this section to the township trustees for payment as provided 
in section 7. 



192 Laws relating to agriculture. 

(4584-13) Section 13. [Repeals.] That sections 4496, 4497, 
4497a, 4498, 4553, 4554, 4555, 4556, of the Revised Statutes of Ohio and 
sections 1 to 13 inclusive, and as amended, of an act entitled, "An act 
to provide for the cleaning out and keeping in repair public ditches 
and water courses," passed April 15, 1902, and all other sections and 
parts of sections conflicting with the provisions of this act be, and the 
same are hereby repealed. 

Passed April 2, 1906. (O. L. v. 98, p. 280.) 

Sec. 6926. [Obstructing ditch; drain, or water-course.] Who- 
ever willfully obstructs any ditch, drain or water-course constructed 
by proceedings before any board of county commissioners or township 
trustees, or diverts the water therefrom, shall be fined not more than 
one hundred nor less than ten dollars. 



LEVEES. 

Sec. 4585. [Probate court may order construction of levees.] 

The probate court of any county, may whenever found to he condu- 
cive to the public health, convenience or welfare, cause to be located, 
established and constructed as hereinafter provided, a levee within the 
county, along any stream, watercourse, lake or body of water, or near 
any stream, watercourse, lake or body of w^ater of any kind, for the 
protection of land from overflow. 

Sec. 4586. [Petition therefor; what to contain, and bond.] When 
there is filed in the office of probate judge a petition, signed by one 
or more persons owning, controlling, or occupying lands adjacent to, 
or who shall be interested in, the proposed levee, setting forth the 
necessity for the same, with a substantial description of the proposed 
starting point, route, and terminus, and a bond, with good and suffi- 
cient surety to the approval of the judge, payable to the state, con- 
ditioned to pay all proper costs and expenses in such proceedings, in 
case the levee be not finally ordered, the probate judge shall fix 
a time for hearing the petition, not more than thirty days from the 
time of filing the same. 

Sec. 4587. [Notice to parties interested.] The judge, or one of 
the petitioners, shall cause a notice in writing to be given, at least ten 
days before the day set for hearing the petition, to the owner of each 
tract of land, and to the auditor of any county and the clerk of any 
township which may be affected by the proceeding, of the filing and 
pendency of the petition, and the time the same will be for hearing be- 
fore the court ; and if any person owning lands which may be affected 
by the proceeding is a non-resident of the count}*, or if such owner 
is a turnpike or railroad company, such notice may be given by pub- 
lication for two consecutive .weeks, in some newspaper of general cir- 
culation in the county; but if such railroad company has a principal 
office, or a regular ticket or freight agent in the county, a notice, if 
required by the judge, may be served by leaving a copy thereof with 
the principal officer in charge of such office, or with such ticket or 
freight agent, in which case notice to such railroad company need not 
be given by publication. 



LAWS RELATING TO AGRICULTURE. 193 



Sec. 4588. [Application for damages.] An owner claiming com- 
pensation for lands appropriated for the purpose of constructing any 
such levee, shall make an application in writing therefor to the court, 
on or before the day appointed for hearing the petition, and on failure 
to make such application, such owner shall be deemed and held to 
have waived all right to such compensation. 

Sec. 4589. [Hearing on preliminary matters.] On the day set 
for the hearing, if it appear to the court that any person or corporation 
interested in the levee or embankment has not been notified as required 
by this chapter, or that any requisite preliminary steps have not been 
taken, the court shall continue the case not exceeding twenty days, and 
order such notice to be given or such other preliminary steps to be 
taken; and the court shall have power at any time before the final 
order has been made to continue the case and order notice to be served, 
as required in section forty-five hundred and eighty-seven upon any owner 
of lands who may be found to be affected by said proceeding, and who 
has not been served with such notice ; and if notice is given after the 
time originally appointed for the hearing of the petition, the petition 
shall be regarded, as to such owner so notified, as appointed for hear- 
ing on the day to which the case is continued for the purpose of giving 
such notice. 

Sec. 4590. [Hearing on the merits, and proceedings thereon.] 

When the court finds that notice of the filing and pendency of the peti- 
tion has been given, and all other preliminary steps taken, it shall pro- 
ceed to hear and determine the petition upon the papers and evidence ; 
and if the court is satisfied that the levee will be conducive to the pub- 
lic health, convenience, or welfare, it shall forthwith appoint three 
competent, disinterested freeholders of the county, who shall be sworn 
to faithfully and impartially perform their duty as such viewers, and 
they, with the aid of a competent engineer, who shall be appointed at 
the same time by the court, shall proceed to view the premises along 
the proposed route, and the lands to be affected by the proposed levee, 
and make a report of their proceedings in writing, to the court within 
fifteen days from the date of their appointment, unless in the discre- 
tion of the court, a longer time shall be given them ; which report shall 
show whether in their opinion the construction of the levee, substan- 
tially on the route petitioned for, will be conducive to the public 
health, convenience, or welfare, what owners of land should assist in 
the construction of the proposed levee, and in defraying the costs and 
expenses thereof, and the lots or lands, and the quantity thereof, which 
will be benefited by such levee; and if the court, in its discretion, deem 
it necessary, it may order the engineer to make and return, at the same 
time the viewers make their report, maps, plats, and profiles of the 
proposed levee and the lands which may be affected by the same. 

Sec. 4591. [Hearing of application for damages.] If the viewers 
report in favor of the construction of the levee, the court shall appoint 
a day, not later than ten days from the filing of the report, when it will 
hear and determine all applications for compensation for lands appro- 
priated, and the necessity for the levee ; and in addition to the petition, 
report of viewers, maps, plats, and profiles of the engineer, the court 
may hear further evidence and arguments of counsel for or against 

13-F. H. B. 



194 LAWS RELATING TO AGRICULTURE. 

the construction of such levee; and the judge shall have the right to 
view the premises before the final order is made, and the court, if 
found necessary, shall have the right to continue the hearing of the 
case from time to time, in its discretion. . 

Sec. 4592. [Damages must be paid before final order.] No final 
order for the construction of such levee, or any part thereof, shall be 
made until the full amount of compensation for land appropriated has 
been paid. 

Sec. 4593. [The final order.] If, upon the final hearing of the 
case, the court finds that the levee ought to be constructed, and is 
necessary and will be conducive to the public health, convenience, or 
welfare, it shall order the same to be located, established and con- 
structed; and it shall also order and prescribe the site of such levee, 
and shall direct the engineer to finally locate, level, and measure the 
same, and divide it into suitable sections, not less in number than the 
number of owners of land benefited by its construction, and shall pre- 
scribe the time within which the work upon each section shall be 
completed, and by whom paid for. 

Sec. 4594. [How assessments of work to be made.] A person 
owning lands abutting on or over which such levee shall pass, shall 
have his section assigned thereon, within or along the boundary of 
his lands, to the extent of the assessment made against such owner, 
when the frontage is sufficient, otherwise the same shall be thus as- 
sessed as far as practicable ; and in determining the number of owners, 
tenants in common, and the owners of a life estate in any tract of land 
with tenants in common, may be counted as one, and the court may, 
in its discretion, order such tenants in common, and such owners 
of a life estate, to pay for the work on a single section jointly, in pro- 
portion to the value of their respective interests. 

Sec. 4595. [Costs, and statements for parties.] The court shall 
allow and assess all reasonable fees, costs, and expenses of locating 
and establishing such levee, and shall apportion the payment of the 
same equitably among the parties to be benefited thereby, and pre- 
scribe the time within which the assessment shall be paid, and render 
judgment therefor, to be collected as other judgments; and the judge 
shall, if requested, prepare for the use of the party making the request 
a brief statement in writing, describing briefly his apportionment of 
the levee, together with the length, height, width, and slope of the 
same, the amount of costs assessed against such party, and the expense 
of performing the work apportioned to such party, when to be paid, 
and by what time the work shall be completed. 

Sec. 4596. [Meaning of the word "levee" in this chapter.] The 

word "levee," in this chapter, shall be understood to embrace and in- 
clude, with or without being specially mentioned in the petition for 
a main levee, any side, lateral, or spur levee, or levees necessary to be 
constructed to secure the objects and purposes for which any. main 
levee may be made. 

Sec. 4597. [Changes in route authorized.] The court may, in 
making the final order, on the recommendation of the viewers and 
engineer, or of the jury, alter or change the termini and route of a 



laws relating to agriculture. 195 

proposed levee, from that set forth in the petition, so as more ef- 
fectually to secure the objects and purposes of the original petition, 
if the compensation for lands appropriated is not affected thereby. 

Sec. 4598. [When another viewer or engineer appointed.] If 
a viewer or the engineer die, resign, or refuse, or neglect to perform 
the duties required of him, the court shall forthwith appoint an eligible 
person to fill his place who shall qualify and perform the duties the 
same as if originally appointed. 

Sec. 4599. [When riprapping to be done.] If it be found neces- 
sary by the court to protect such levee from being washed away by 
high waters or freshets, that any portion of the same should be rip- 
rapped or otherwise protected by stone or timber, in' its final order, 
it may direct additional work to be done, particularly describing its 
kind and character, and the particular place and sections on which 
the same shall be done. 

Sec. 4599a. [Court may order construction of flood-gate, etc.] 

If it be found necessary by the court to construct, erect, build and 
operate any flood-gate or flood-gates, pump or pumps, elevator or 
elevators along any portion of said levee, for the purpose of drain- 
ing the lands benefited by said levee, in its final order it may direct 
the same to be done, particularly describing its kind and character and 
the place or places and locality or localities on which the same shall be 
done. 

Sec. 4599b. [Assessments for operating expenses of flood-gate, 
pump, elevator, etc.] There shall be levied and assessed according to 
benefits, each year, upon all the lands benefited by any particular 
levee, a sum sufficient to defray the operating expenses of any flood- 
gate, pump or elevator, or for the purpose of defraying the expense of 
any repair or improvement of the same or of any levee and for all con- 
tingent expenses. 

Sec. 4599^. [County levee committee; appointment; term; va- 
cancy.] The probate judge, upon application of a majority of the 
perspns interested in a levee now constructed, or that may hereafter 
be constructed under this chapter, shall appoint three competent free- 
holders of the county not interested in any levee within the county, 
who shall be known as the "county levee committee," and who shall 
hold office for two years and until their successors are appointed, and 
in case of a vacancy from any cause, the probate judge may fill such 
vacancy for the unexpired term. 

[Organization; annual meeting.] Said committee shall elect one 
of their number secretary and the oldest member thereof shall be 
president, and said committee shall meet annually on the first Thurs- 
day of May, at ten o'clock a. m., at the office of the county commis- 
sioners, which meeting shall be a public meeting for all persons inter- 
ested in any levee within such county. 

[Record of proceedings.] And said committee shall keep a cor- 
rect record of all their proceedings in a book to be provided for that 
purpose. 



196 LAWS RELATING TO AGRICULTURE. 

[Hearings by committee; levy according to benefits.] Said com- 
mittee shall hear all persons interested in any levee, and shall deter- 
mine the amount of money that will be necessary to defray the ex- 
penses mentioned in section 4599A for each particular levee, for the 
period of one year, and such amount so determined by said committee, 
shall be levied and assessed, at such annual meeting or at an adjourn- 
ment thereof, not exceeding ten days thereafter, upon all the lands 
benefited by each particular levee, according to benefits to be deter- 
mined by said committee. 

[Naming of levees.] And said committee shall give a name to 
each particular levee, and shall certify the amount levied and assessed 
upon each parcel of land, for each particular levee, to the county aud- 
itor who shall place the same upon the tax duplicate of the county 
against said lands and the same shall be collected by the county treas- 
urer as other special assessments are required to be collected by 
law together with all similar penalties, and when the same shall be 
collected the same shall remain in the hands of the county treasurer 
in a fund to be named the same as given by said committee to said 
levee, as aforesaid, to be certified to the auditor upon certifying the 
first assessment under this act. 

Sec. 4599c?. [Contracts.] Said county committee is hereby 
authorized, upon a petition in writing signed by a majority of the 
persons assessed for any levee, to enter into any and all necessary 
contracts for the repair, operation, improvement and maintaining of 
any levee, pump, elevator or flood-gate, which may be prayed for in 
said petition, and all contracts so made by them shall not be binding 
upon them personally, but in their official capacity, and all of the same 
shall be paid out of the aforesaid funds from the county treasurer 
so levied and collected to meet the same, upon the warrant of the 
county auditor stating the name of the fund against which the warrant 
is drawn. 

[Committee to approve vouchers for money; what to contain.] 

But before any such warrant shall be drawn by the county auditor, 
said county committee shall first approve and allow a voucher therefor 
which shall be signed by said committee or a majority thereof and 
filed with said auditor, and said voucher shall state the name of the 
levee, and the fund out of which any claim is to be paid, and the war- 
rant drawn by the auditor shall be against the fund mentioned in such 
voucher, and the auditor shall keep accounts of each levee fund with 
said treasurer the same as in other cases. 

[Compensation of committee.] Said committee shall each receive 
$2.00 per day for their service to be allowed by the county commis- 
sioners and paid out of the county treasury not to exceed $20.00 in any 
one year for each member. 

Sec. 4600. [The jury and venire.] If at the time set for hearing 
the petition any party in interest demand a jury the probate judge 
shall select and empanel a jury of twelve disinterested freeholders of 
the county, who shall constitute a jury for the case, in which case no 
viewers shall be appointed, and the probate judge shall issue a venire 



LAWS RELATING TO AGRICULTURE. 197 

for such jury, directed to the sheriff of the county, returnable at a day 
therein named, not exceeding twenty days, which venire shall specify 
the time of meeting of the jury in said court; and the rights of all the 
parties in interest shall be investigated in one case and by one jury. 

Sec. 4601. [Impaneling jury and form of verdict.] At the time 
fixed for the meeting of the jury, any party interested may challenge 
any juror for cause, and the court shall hear and determine all further 
preliminary questions pertaining to the case, and may direct the 
sheriff of the county to fill any vacancies which may then be in the 
panel arising from any cause; and the judge shall thereupon admin- 
ister an oath to the jurors, faithfully and impartially to try the issues 
submitted to them in the case, and a true verdict render according to 
the law and evidence, and the jury shall in their verdict report in writ- 
ing to the court : 

First — Whether the proposed levee will be conducive to the pub- 
lic health, convenience, or welfare. 

Second — The amount of compensation each person claiming com- 
pensation for lands appropriated for the construction of the proposed 
levee, is entitled to in case the same is located. 

Third — What owners of land should assist in the construction of 
the proposed levee, and in defraying the costs and expenses thereof, 
and the lots and lands, and the quantity thereof which will be bene- 
fited by such levee, specifying the sections and work to be done and 
by whom to be paid for, as provided in this chapter. 

Sec. 4602. [Trial to the jury.] The jurors may, in the discre- 
tion of the court, before making up their verdict, be ordered to view 
the premises along the route of the proposed levee, and the court shall 
direct the engineer to make return, and lay before the jury, the neces- 
sary maps, plats, and profiles of the proposed levee and the lands 
which may be affected by the same ; the parties in interest may offer 
evidence, and may be heard in person and by counsel before the jury, 
and the jury shall be subject to the judicial direction of the court in the 
hearing of the case and in making up its findings or verdict, and shall 
return a verdict within ten days after being sworn, unless the court, 
for good cause allow further time ; and it is authorized to adjourn the 
proceedings in the premises as the circumstances of the case may re- 
quire. 

Sec. 4603. [Proceedings on the verdict.] Upon the return of 
the verdict and report of the jury, the court shall receive the same, 
if found regular and in accordance with law, and thereupon discharge 
the jury, but if not found regular and in accordance with law, he shall 
recommit the case to the jury with proper instructions, to return the 
same in conformity with the law ; and after the jury have returned 
their verdict and reported according to law, they shall be discharged, 
and the court shall proceed to confirm the verdict and report, if found 
to be favorable to the construction of the proposed levee, and shall 
also make an order for the payment of compensation, as found by the 
jury, for lands appropriated, and also for the performance of such 
things as the jury shall find in their verdict; and the court shall also 
make and enforce such further orders in the premises as are prescribed 
in sections forty-five hundred and ninety-three, forty-five hundred and. 



198 LAWS RELATING TO AGRICULTURE. 

ninety-four and forty-five hundred and ninety-five, and all such orders 
as may be necessary to the complete accomplishment of the objects 
and purposes of this chapter. 

Sec. 4604. [Fees and costs.] Jurors and viewers shall each be 
allowed pay at the rate of one dollar and fifty cents per day, and mile- 
age at five cents per mile from their residence to the office of the pro- 
bate judge, and from there to the place of the location of the proposed 
levee, in case of a view ; and the engineer shall be allowed, not to ex- 
ceed five dollars per day, while actually employed, and all other costs 
and expenses shall be taxed as is provided by law in similar cases, and 
all costs and expenses of the probate judge shall be collected and re- 
tained by him, but not in excess of those allowed by any other law. 

Sec. 4605. [Court may correct errors, etc.] The probate court 
shall have power to correct any irregularities or clerical errors or mis- 
takes in the report of the viewers, or in the verdict of the jury in rela- 
tion to the lots and lands, and the quantity and the ownership thereof, 
if the levee shall be ordered to be constructed, and upon a final order 
being made for the construction of the proposed levee, the judge shall 
make a record of the proceedings had in the case ; and the court may, 
after final order, extend the time for the completion of the work on 
any section of the proposed levee, if deemed necessary. 

Sec. 4606. [When proceedings to be dismissed.] If the viewers 
or the jury report against the construction of the levee, or if the court 
at any stage of the proceedings before the. final order is made, find 
that such levee should not be constructed, the court shall dismiss the 
proceedings at the costs of the petitioners, who shall be bound jointly 
for the costs and expenses with the principal or principals on the bond 
given as provided in section forty-five hundred and eighty-six. 

Sec. 4607. [Repair of levees.] When it becomes necessary to 
repair any levee constructed under the provisions of this chapter or 
under any other law, or under any agreement of the owners of the 
lands affected by such levee, the same shall be done under the pro- 
visions of this chapter, and the proceedings therefor shall conform as 
far as possible to proceedings under this chapter for the location of a 
levee. 

[Franklin county.] Provided, however, that in counties contain- 
ing a city of the first grade of the second class when such repair shall 
be made necessary by reason of the destruction of such levee by a 
sudden flood the board of county commissioners of such county if in 
their judgment they shall deem it to be necessary for public health, 
convenience or welfare to make such repair without delay at the ex- 
pense of such county, shall therefor have the power to issue the bonds 
of such county in the aggregate sum not to exceed fifteen thousand 
dollars ($15,000) as other bonds of said county are issued, and shall 
further have the power to advertise for bids for a period of ten (10) 
days by publication in such manner as is otherwise provided by law, 
and shall enter into a written contract with the lowest and best bidder 
for the making of such repairs according to the plans and specifica- 
tions therefor which shall be made prior to the invitation for such bids 



LAWS RELATING TO AGRICULTURE. 199 

by the county engineer of such county, the clue performance of such 
contract to be secured by bond in such sum and with such sureties as 
shall be required by the said board of county commissioners. After the 
making of such repairs at the expense of the county, such levee shall 
thereafter be kept in repair according to the other provisions of this 
chapter. 

Sec. 4608. [When levee intersects another levee.] If the route 
of any proposed levee extend along any natural stream or water-course 
and over, including or connected with the line of any levee already 
constructed or partly constructed, the parties interested shall be en- 
titled to have the amount of work and expense they have already been 
to in the construction of such levee, taken into account in determining 
the question of what further work and expense, if any, they shall be re- 
quired to pay for, in the construction of the proposed levee. 

Sec. 4609. [Proceedings when levee benefits a road.] When 
any levee established under this chapter affects beneficially any public 
or incorporated turnpike road or railroad so that the road-bed or track 
on any such road will be made better or safer by the construction of 
the levee, there may be apportioned to the county, if a county, state, 
or free turnpike road, to the township, if a township road, and to the 
company, if a corporate turnpike road or railroad, such portion of the 
work, costs, and expenses thereof, as if they were private individuals, 
and the court shall require them to pay for such work and pay such 
costs and expenses in like manner as individuals, except that when a 
county or township is ordered to pay for any such work and pay such 
costs and expenses, the commissioners of the county and the trustees 
of the township are required to pay for such work and such costs and 
expenses from the general fund of the county, or township. 

Sec. 4610. [The sale of the work.] The levee shall be con- 
structed and compensation paid within the time specified in the order 
of the court, and upon the making of the final order, the judge shall 
immediately give notice of the sale of such work by sections, or parts 
of sections, to the lowest bidder, by printed or written handbills ; the 
time of sale shall not be less than ten nor more than twenty days from 
the date of the notice, and the place shall be either at the door of the 
court house, or at either terminus of the levee, as the judge may direct; 
and he shall take such security for the performance of such work and 
for the payment of all damages to the parties interested in case the 
same is not completed within the time and in the manner prescribed, 
as he may deem necessary, and he shall, immediately after such sale, 
enter his proceedings on his journal and make them a part of the 
record in the case ; and he shall, in case of the sale of the work to the 
person who is ordered to pay for the same, only take the bond as afore- 
said. 

Sec. 461 1. [When assessment to go on duplicate.] In all other 
cases the judge shall fix the time witHin which the parties who have 
been ordered to pay for the work so sold, shall pay into the court their 
portion of the work at the price so sold, and in case the same is not 
paid by the time so fixed he shall certify to the county auditor the 
several amounts, including costs and expenses apportioned so assessed 



200 LAWS RELATING TO AGRICULTURE. 

against each owner or person interested as aforesaid, not before paid, 
describing each piece or parcel of land so to be charged; and the 
auditor shall thereupon enter the same on the duplicate to be collected 
as other taxes, and when collected the same shall be paid over to the 
persons entitled thereto, upon the order of the probate judge, when- 
ever he shall be satisfied that the several sections have been completed 
according to the order of the court before made ; in case of a failure to 
sell any portion of the work at any lettings, and in case any purchaser 
at any letting fails to give bond or complete any part of the work as 
required, the judge shall proceed to again let the same and make all 
necessary orders in relation thereto as prescribed in this section. 

Sec. 4612. [Person materially affected may complain of error.] 

No person shall be permitted to take advantage of any error com- 
mitted in any proceeding to locate, establish, and construct, or repair 
a levee under the provisions of this chapter, nor of any error com- 
mitted by the probate judge or probate court, the viewers, or the jury 
in the case, or by the engineer or other person, in such proceedings, 
nor of any informality, error, or defect appearing in the record of the 
proceedings, nor of want of notice to the owner of any lands affected 
thereby, unless the party complaining is first shown to be materially 
and substantially affected thereby. 

Sec. 4613. [And may have relief.] But the court in which any 
action may be brought to enjoin, reverse, or declare void the proceed- 
ings by which any such levee is ordered to be located, established, - 
constructed, or repaired, or to enjoin the performance of any work, or 
the assessment or collection of any costs and expenses ordered by the 
probate court for the purposes aforesaid, may, if there be manifest error 
in such proceedings affecting materially the substantial- rights of any 
plaintiff, in such action, set the same aside as to such plaintiff without 
affecting the rights or liabilities of the other parties in interest; and 
the court shall, on the final hearing, make such order in the premises 
as may seem equitable, and just, and may order the work done, and the 
costs and expenses paid, by the plaintiff, or the amount of money re- 
turned to the auditor of the county against the plaintiff, or any part 
thereof, to remain on the duplicate for collection, or may perpetually 
enjoin the same or any part thereof; the costs of such action, and of 
the proceedings had therein shall be apportioned among the parties, or 
paid out of the county treasury, in whole or in part, as justice and 
equity may require and the court direct. 

Sec. 4614. [When and how township trustees may establish 
levees.] The trustees of any township through which a stream or 
river subject to overflow passes may, on application of any party, enter 
upon any land in their township to view any proposed levee or em- 
bankment, for the purpose of protecting any land, held by more than 
one person, and cause such levee or embankment to be located and 
constructed, whenever, in their opinion, the same is demanded by or 
will be conducive to the public health, convenience, or welfare; and 
they may appropriate private property, according to the provisions of 
law relating to the appropriation of private property to the use of 
corporation [s] ; but -before any proceedings shall be taken by the 
trustees under this section, the expenses and costs of location and con- 



LAWS RELATING TO AGRICULTURE. 201 

struction, and all other costs and expenses necessary or incident to 
the location or construction of the proposed levee, shall be guaranteed 
or paid to the trustees by the parties, or some of them, interested in 
the construction of the levee. 

STATE HIGHWAY DEPARTMENT. 

(4614-11) Sec. 1. [State highway commissioner; appointment, 
term, qualifications; salary; bond, etc.] A state highway department 
shall be established by the appointment of the governor of the state 
with the advice and consent of the senate, for a term of four years, of 
a state highway commissioner, who shall be a competent civil engi- 
neer, and experienced in the construction and maintenance of im- 
proved roads. Said state highway commissioner shall receive a salary 
of two thousand five hundred dollars per annum, and shall be allowed 
his actual traveling expenses, not exceeding five hundred dollars, while 
officially employed. He shall furnish a bond in the sum of twenty-five 
thousand dollars for the faithful performance of his duty, said bond 
to be approved by the governor, and he shall give his whole time and 
attention to the duties of his office. Provided, further, that the state 
highway commissioner may appoint, as the work of the department 
requires and subject to the approval of the governor, one assistant 
who shall be a capable and competent civil engineer and experienced 
in road building, who shall receive an annual salary of one thousand 
five hundred dollars, and shall be allowed his actual traveling ex- 
penses, not to exceed five hundred dollars, when on official business ; 
and he may also appoint a chief clerk, at an annual salary of ten hun- 
dred dollars per annum, and may employ an additional clerk who 
shall be a competent stenographer, at an expense not to exceed eight 
hundred dollars per annum. The state highway commissioner may 
require the employes of the department to give bond for the faithful 
performance of their duty, in suitable and reasonable amounts. 

(4614-12) Sec. 2. [Object and purpose of department.] The ob- 
ject and purpose of this department shall be to instruct, assist and co- 
operate in the building and improvement of the public roads under the 
direction of the highway commissioner in such counties and town- 
ships of the state of Ohio as shall comply with the provisions of this 
act. The highway commissioner may make inquiries in regard to sys- 
tems of road building and management throughout the United States, 
and make investigations and "experiments in regard to the best meth- 
ods of road making and the best kinds of road material and to investi- 
gate the chemical and physical character of road materials, and has au- 
thority to pay freight and express charges on samples of material and 
other necessary expenses in making such investigation and to prepare, 
publish and distribute bulletins and reports on the subject of road im- 
provement. 

(4614-13) Sec. 3. [When county commissioners authorized to 
direct that public road be improved.] The county commissioners in 
any county of this state may, at any time, by resolution, direct that 
any public road or section of road, located within said county, being at 
least one mile in length, or, being less than one mile in length, is an 
extension or connection with some permanently improved or paved 



202 LAWS RELATING TO AGRICULTURE. 

street, be improved by the construction of a macadamized road, or a 
telford or other stone road, or a road constructed of gravel, brick or 
other suitable material, in such manner that the same, of whatever 
material constructed, shall with reasonable repairs, thereto, at all sea- 
sons of the year, be firm, smooth and convenient for travel ; or when- 
ever a road or section thereof is petitioned for by the owners of 51 per 
cent, of the lineal feet along said road, or section thereof praying the 
board of county commissioners to cause such road to be improved un- 
der this act, it shall be the duty of the board to grant such petition, if 
after viewing such road said board of county commissioners shall de- 
cide the improvement of such road to be just and to the best interest 
of the public, subject to the conditions as hereinafter provided; when 
more roads are applied for than can be constructed in one year, the 
board of county commissioners and state commissioner of public 
highways shall have power and authority to select from the roads pe- 
titioned for, the ones first to be constructed, having first regard to the 
most important roads and the distribution of the benefits of this act 
to all parts of the county; and the county commissioners shall before 
approval of any road, require as condition of said approval, that the 
township or townships through which said road runs shall pay twenty- 
five per cent, of the cost of said improvement, said improvement to be 
approved in the resolution or resolutions passed by the trustees of the 
township through which said road runs, said payment to be applied 
to the improvement of road construction under this act. 

(4614-14) Sec. 4. The state highway commissioner shall upon 
receipt of any such application investigate and determine whether the 
highway or section thereof sought to be improved is of sufficient public 
importance to come within the purposes of this act, taking into ac- 
count the use, location and value of such highway or section thereof 
for the purposes of common traffic and traveling, and after such in- 
vestigation, shall certify his approval or disapproval of such appli- 
cation. If he shall disapprove such application, he shall certify his 
reasons therefor to the board of county commissioners making the 
application. 

(4614-15) Sec. 5. [His duty upon approval of application.] If 

the highway commissioner shall approve of such application, he shall 
cause the highway or section thereof, therein described, to be mapped 
both in outline and profile. He shall indicate how much of such high- 
way or section thereof may be improved by deviation from or altera- 
tion of the existing lines whenever it shall be deemed of advantage to 
obtain a shorter or more direct road without lessening its usefulness ; 
or whenever such deviation or alteration is of advantage by reason of 
lessened gradients, and shall cause pl?ns and specifications of such 
highway or section thereof to be made for telford, macadam or gravel 
roadway, or other suitable construction, taking into consideration the 
climate and soil, and the material to be had in the vicinity thereof, and 
the extent and nature of the traffic likely to be upon the highway, 
specifying in his judgment the kind of road a wise economy demands. 
The improved or permanent roadway of all highways so improved 
shall not be less than eight nor more than sixteen feet in width, unless 
for special reasons to be stated by such highway commissioner it is 
required that it shall be of greater width. All highways improved 



LAWS RELATING TO AGRICULTURE. 203 

under the provisions of this act shall conform to the standard of con- 
struction established by the state highway department. 

(4614-16) Sec. 6. [Certification of estimate of cost of improve- 
ment and copy of plans and specifications, etc., to county commission- 
ers.] Upon the completion of such maps., plans and specifications of 
a proposed improvement the state highway commissioner shall cause 
an estimate to be made of the cost of construction of the same, and 
transmit the same to the board of county commissioners from which 
such resolution proceeded, together with a certified copy of such maps, 
plans and specifications, and of his certificate of the approval of the 
highway or section thereof so designated as aforesaid. 

(4614-17) Sec. 7. [Commissioners may then adopt a resolution 
that such highway be constructed.] After the receipt thereof upon a 
majority vote of such board of county commissioners, it may adopt a 
resolution that such highway or section thereof so approved shall be 
constructed under the provisions of this act, or of any existing act, and 
thereupon shall transmit a certified copy of such resolution to the 
state highway commissioner. 

(4614-18) Sec. 8. [How right of way secured when proposed 
highway deviates from existing road.] In case such proposed high- 
way shall deviate from the existing highway, the officials making ap- 
plication must provide for securing the requisite right of way by con- 
demnation proceeding or otherwise, prior to the actual commencement 
of the work of improvement. 

(4614-19) Sec. 9. [Advertisement for bids and letting of con- 
tracts.] That upon the receipt of the application and certified copy 
of the resolution provided for in section 7 the state highway commis- 
sioner shall advertise for bids for two successive weeks in two news- 
papers of general circulation and of opposite politics, published in the 
county in which the road is to be built, according to said plans and 
specifications which shall be on file at the county commissioner's office 
and shall award such contract to the lowest responsible bidder, sub- 
ject, however, to the approval of the county commissioners, provided, 
that nothing herein shall prevent the township trustees within any 
township where such improvement is to be made from bidding and 
entering into contract to build or repair such roads. No contract shall 
be awarded at a greater sum than the estimate provided in section 7, 
provided that when bids are received for such improvement, they shall 
be sealed bids which shall be open at a time certain, and shall be pro- 
tected with such other regulations as may be imposed by the com- 
missioners, necessary to secure fair bids. But if no bid otherwise ac- 
ceptable be made within such estimate, such highway commissioner 
may amend his estimate, certify the same to the board of county com- 
missioners, and upon the adoption by it of a resolution as provided in 
section 6, based on such amended estimate, proceed anew to obtain 
bids and award the contract as herein provided. Said highway com- 
missioner may reject any or all bids and before entering into any con- 
tract for such construction, he shall require a bond with sufficient 
sureties, or by a surety company of recognized standing conditioned 
that if the proposal shall be accepted the party thereto will perform 



204 LAWS RELATING TO AGRICULTURE. 

the work upon the terms proposed and within the time prescribed and 
in accordance with the plans and specifications, and as a bond of in- 
demnity against any direct or indirect damages that shall be suffered 
or claimed during the construction of such road and until the same is 
accepted. The state of Ohio shall in no case be liable for any damages 
suffered. 

(4614-20) Sec. 10. [Apportionment of cost of improvement be- 
tween state, county, township and abutting property owners.] Upon 
the completion of any highways rebuilt or improved under the pro- 
visions of this act, the state highway commissioner shall immediately 
ascertain the total cost and expense of the same and the apportionment 
of the total cost and expenses between the state, the county and the 
township or townships and abutting property, and the state highway 
commissioner shall certify the total expense of said improvement to 
the county commissioners and to the trustees of the township or town- 
ships and abutting property owners respectively, signifying the 
amounts contracted to be borne by the state, the county and the 
township or townships, and the abutting property as provided by this 
act. 

(4614-21) Sec. 11. [State shall pay one-fourth and county 
three-fourths of cost.] One-fourth of the cost and expense of the con- 
struction thereof shall be paid by the treasurer of the state of Ohio on 
the warrant of the state auditor issued upon requisition of the state 
highway commissioner out of any specific appropriations made to 
carry out the provisions of this act, and three-fourths of the cost and 
expense thereof shall be a county charge in the first instance, but one- 
third of said three-fourths or twenty-five per cent, of the whole shall 
be paid by the township or townships as hereinafter provided and said 
three-fourths shall be paid by the treasurer of the county in which 
such highway or sections thereof, is located, upon the order of the 
county commissioners upon the requisition of the state highway com- 
missioner out of any funds in the county treasury for the construction 
of improved highways under the provisions of this act. But the amount 
so paid shall then be apportioned by the county commissioners be- 
tween the county, township or townships and the abutting property as 
provided by this act. 

(4614-22) Sec. 12. [Apportionment of township's share of 
cost between whole township and abutting property owners.] In ap- 
portioning the 25 per centum that shall be pafd by the township, 10 
per centum shall be a charge upon the whole township and 15 per 
centum a charge upon the abutting property. The township trustees 
shall apportion the amount to be paid by the abutting property accord- 
ing to the benefits accruing to the owners of the land so located, ac- 
cording to the best judgment of said trustees, upon at least ten days' 
notice of the time and place of such apportionment to the persons af- 
fected thereby and after such persons have had an opportunity to be 
heard in manner and form as provided in sections 4637-4, 4637-5, 
4637-6, and 4637-7 of the Revised Statutes of Ohio and shall certify the 
result of their distribution to the county auditor who shall place the 
same upon the tax duplicate against the property benefited and the 
same shall be collected by the treasurer of the county in the same 



LAWS RELATING TO AGRICULTURE. 205 

manner as other taxes are collected and in such payments as may be 
approved by the county auditor. The share of the township or town- 
ships in which the said highway improvement as herein provided has 
been made, shall be paid by the township trustees as other debts of 
said township or townships are paid. 

(4614-23) Sec. 13. [When cost of construction to be paid.] No 
money shall be advanced by the state of Ohio or by the county com- 
missioners in payment of the cost and expense of construction provid- 
ed herein except as the work of actual construction progresses to be 
paid upon estimates made by engineer in charge of the work, and in no 
case shall the payment or payments of the state of Ohio and the coun- 
ty commissioners made thus prior to the completion of the work be 
in excess of eighty per centum of the value of the work performed, and 
in all cases twenty per centum must be held until the completion of 
the work, according to the plans and specifications, and every county 
or township availing itself of the provisions of this act shall, because 
of having accepted such state aid, contract and bind itself to maintain 
and keep said road in good and efficient repair, for the free use of the 
public. 

(4614-24) Sec. 14. Every contract authorized to be made by 
the state highway department, under the provisions of this act shall be 
made in the name of the state of Ohio, and shall be signed by the state 
highway commissioner and attested by the chief clerk of the depart- 
ment, and must be approved by the board of county commissioners of 
the county in which the improvement is to be made. Provided furth- 
er that no contract for any highway improvement shall be let by the 
state highway department, nor shall any work be authorized under 
the provisions of this act, until the written agreement of the county 
commissioners of the county and the trustees of the township or town- 
ships, in which said proposed improvement is to be made, agreeing 
to assume their respective shares of the cost thereof, as hereinbefore 
provided, shall be on file in the office of the state highway department, 
and shall have been approved as to form and legality by the attorney- 
general. 

(4614-25) Sec. 15. [Order in which roads shall be improved.] 

The construction and improvement of highways and sections thereof 
under the provisions of this act, shall be taken up and carried forward 
in the order in which they are finally designated, as determined by the 
date of the receipt in each case of the certified copy of the resolution 
provided in section 7 by the highway commissioner as hereinbefore 
provided. 

(4614-26) Sec. 16. [Commissioners may determine kind of ma- 
terials to be used in improving road.] The county commissioners 
shall have the authority to select the kind of materials to be used in 
improving any road under the provisions of this act. Any difference 
of opinion that may arise between the county commissioners and the 
township road authorities as to the k-ind of a road to be built, shall be 
decided by the state highway commissioner. The state highway com- 
missioner shall furnish to the county commissioners and township 
road authorities information as to the probable cost of improved high- 
ways, as defined in this section. 



206 LAWS RELATING TO AGRICULTURE. 

(4614-27) Sec. 17. [Engineer.] The state highway commis- 
sioner shall use a competent engineer in surveying and planning high- 
ways herein provided for. Said engineer may also be employed in 
superintending the work of constructing the road improvement made 
under this act, and the person so employed, shall be compensated not 
to exceed the price fixed by law for each day actually employed in 
such service. 

(4614-28) Sec. 18. [County line roads.] Counties may agree 
among themselves to contribute their combined proportion of the total 
expense of construction, herein provided to be borne by them for the 
construction of county line roads in any proportion agreed upon by 
the several boards of county commissioners, but in no case shall any 
township or county pay less than ten per centum of the entire expense 
of such improvements. 

(4614-29) Sec. 19. [Reconstruction of turnpike or improved 
road under provisions of this act.] Whenever any turnpike or im- 
proved road now constructed is in need of reconstruction, it may be 
done under the provisions of this act in the same manner as provided 
for herein for the construction of new improved roads, and all provis- 
ions herein applying to the construction of improved roads shall ap- 
ply to such reconstruction of roads, and such roads must be recon- 
structed, in accordance with the provisions herein. Provided, how- 
ever, that where the county commissioners petition the state highway 
commissioner for the reconstruction of such roads, the resolution ask- 
ing for such improvement shall be accompanied with a map or plan 
showing the lay-out, lines, profiles, and grade of such highways, and 
provided, further that the county commissioners shall state the kind 
of material to be used or available for such roads. 

(4614-30) Sec. 20. [As to money appropriated to carry out pro- 
visions of this act.] The money appropriated from time to time by 
the state for the purposes of carrying out the provisions of this act 
shall not be used in any other manner or for any other purpose than 
as herein provided; provided further that the amounts appropriated 
shall be divided equally among the counties of the state but said 
amounts shall remain in the state treasury until applied for under the 
provisions of this act ; provided further, that nothing herein contained 
shall prevent any county and townships from agreeing to appropriate 
a larger amount for such road improvement than the amount specified 
in this act. 

(4614-31) Sec. 21. [Counties which have already constructed 
highways entitled to their proportion of moneys appropriated for 
such counties under this act.] In any county in which at the time of 
the passage of this act there has been already constructed permanent 
highways of not less than standard width as herein provided, the ma- 
terial of such roads being of gravel, brick, telford or macadam, or other 
material equally as good the county commissioners of such county 
may make application to the state highway commissioner before Janu- 
ary 1, of each year for the amount which may be apportioned to such 
county under this act, and such money shall be forwarded to the 
county treasurer of such county, providing that the commissioners 



LAWS RELATING TO AGRICULTURE. 207 

shall levy on the total tax duplicate of said county a tax sufficient to 
equal the amount so apportioned to such county by the state under 
this act, such appropriation and levy shall become a part of the pike 
repair fund of the several townships and shall be apportioned to the 
townships pro rata to the amount of the fund arising in each township 
by said levy and the township trustees shall proceed to apply said 
fund in the repairing of such improved roads in the same manner as 
other pike repair funds are applied, provided that the material used 
in such repair shall be equal to the material used in the original con- 
struction of such roads. Provided, however, that those townships 
that have not constructed permanent highways as herein provided, 
shall not use their portion of the funds for any other purpose than 
the construction of improved highways in the manner herein pro- 
vided. 

(4614-32) Sec. 22. Nothing in this act shall be construed to 
conflict with any act now in force. (O. L., v. 97, p. 523-529.) 

(4614-33) Sec. 1. [Creation of state highway department; du- 
ties of state highway commissioner.] The state highway department 
shall be provided with suitable rooms in the state building at Colum- 
bus. Its offices shall be open at all reasonable times for the transac- 
tion of public business, said office to be furnished by the state with 
stationery and office supplies and fixtures necessary to carry on the 
work. The state highway commissioner shall carry into effect the 
provisions of this act and all laws of the state of Ohio, providing for 
the co-operation of the state in the construction and maintenance of 
public highways. He shall have charge of all records of the state 
highway department; and shall each year submit to the governor of 
the state a full report of the operation of the department, the number 
of miles, cost and character of the roads built under its direction, de- 
tailed and accurate itemized statements of his expenses and the ex- 
penses of the department, and such other information concerning the 
condition of the public roads of the state and the progress of their im- 
provement, as may be proper. 

(4614-34) Sec. 2. [College of agriculture and college of en- 
gineering of Ohio state university to be employed in making investi- 
gations concerning chemical and physical character of good road mak- 
ing material.] In making investigations concerning the chemical and 
physical character of road making material, the apparatus and supplies 
of the college of agriculture and of the college of engineering of the 
Ohio state university shall be employed, with the consent of the presi- 
dent of said university, in so far as such investigations may be made 
without interfering with the regular work or purposes of said college. 
(O. L. v. 97, p. 511.) 

(4614-35) Sec. 3. [County commissioners in order to avail 
themselves of aid herein provided shall apply to department annually.] 

The county commissioners in order to avail themselves each year, of 
the aid provided for [by] the state of Ohio for assistance in construct- 
ing highways, shall make application to the highway commissioner 
before the first of January of each year; provided, however, that for 
the year 1906 such application may be filed not later than April 30, 



208 LAWS RELATING TO AGRICULTURE. 

1906, and any part of the appropriation for 1906 unexpended February 
15, 1907, shall be available for the several counties until February 15, 
1908. (O. L. v. 98, p. 279.) 

(4614-36) Sec. 4. Every application for the co-operation pro- 
vided for by the state highway department for state aid in construct- 
ing highways, shall be accompanied by a properly certified resolution 
adopted by the board of county commissioners having jurisdiction 
over the highway to be improved, stating that the public interest de- 
mands the improvement of the highways described therein, but said 
description shall not include any portion of a highway within the 
boundaries of any city or village. (O. L. v. 97, p. 511.) 

(4614-37) Sec. 5. [State highways.] The highways construct- 
ed or reconstructed under the provisions of any act providing for aid 
by the state, shall thereafter be known as "state highways," and shall 
be kept in repair, by the county commissioners, so that they may be 
maintained at the standard of condition prescribed for highways of 
their class by the state highway department, at the expense of the 
county in which such highway may lie. (O. L. v. 98, p. 281.) 

(4614-38) Sec. 6. [County commissioners to maintain state 
highways.] It shall be the duty of the commissioners of every county 
in which said state highway may lie, to maintain the same generally 
at a reasonable standard, prescribed for such roads by the state high- 
way department. The word "highway/' as used in this act, shall be 
construed to include any existing causeway or bridge, or any new 
causeway or bridge, or any drain or watercourse which may form a 
part of a road, and which might properly be built, according to exist- 
ing laws, by the township or townships; but shall not include cause- 
ways or bridges which should properly be built by a county or adjoin- 
ing counties, or by the state. 

(4614-39) Sec. 7. [County commissioners or township trustees 
may incur indebtedness or issue bonds.] It shall be lawful for the 
commissioners of any county or for the trustees of any township to 
incur indebtedness or to issue bonds at' a rate of interest not exceed- 
ing four per cent, in the manner authorized by law, for the payment 
of the said county or said township share of the cost of any highway 
improvement undertaken under the provisions of this act, or any other 
act in which the state of Ohio pays one-fourth the cost of construc- 
tion; provided, further, that for the purpose of carrying out the pro- 
visions of this act the county commissioners of any county or the 
trustees of any township in addition to any limit fixed by law or to any 
authority under an}- act now in force giving authority to sell bonds 
and fix the rate of interest and levy taxes to provide for their payment 
may, by unanimous vote of the board of county commissioners or of 
the township trustees, provide for the sale of bonds, fix the rate of in- 
terest not exceeding four per cent, and levy taxes for the purpose of 
paying the same. 

(4614-40) Sec. 8. [Levy for creation of state and county road 
improvement fund.] The county commissioners, at their March and 
June session annually, in addition to the levy authorized for road and 



LAWS RELATING TO AGRICULTURE. 209 

bridge purposes, may levy on each dollar of valuation of taxable prop- 
erty within their county not to exceed five-tenths (5-10) of a mill for 
the creation of a fund to be known as the state and county road im- 
provement fund, and to be used for the improvement of state and 
county roads in the county. 

(4614-41) Sec. 9. [When additional levy authorized.] When 

any one or more of the principal highways of any county, or any part 
thereof, have been destroyed by freshet, watercourses, landslide or any 
other casualty, or by reason of the large amount of traffic thereon, and 
the commissioners of such county are satisfied that the ordinary levies 
authorized by law for such purposes will be inadequate to provide 
money necessary to repair such damages, or to remove obstructions 
from, or to make the changes or repairs in such road or roads as are 
rendered necessary from the causes herein enumerated, said commis- 
sioners may annually thereafter levy a tax at their June session, of any 
sum not exceeding five-tenths mills upon the dollar on all taxable 
property of the county, to be expended under their direction in such 
manner as may seem to them most advantageous to the interest of the 
county for the construction, reconstruction or repair of such road or 
roads, or any part thereof. 

(4614-42) Sec. 10. [Officers having authority over highways to 
furnish information to state highway department.] County commis- 
sioners of the several counties of the state, and the officers of the cities, 
villages and townships in the state, who now have, or may hereafter 
have by law, authority over the public highways and bridges, shall 
upon the written request of the state highway department, furnish 
said department with any information relative to the mileage, cost of 
building, and maintenance, condition and character of the highways 
under their jurisdiction, and with any other needful information re- 
lating to the said highways. 

(4614-43) Sec. 11. [Township trustees where road is to be im- 
proved may bid upon work.] Nothing contained in any act providing 
for the aid of the state in the construction of public highways or in 
any act providing for the improvement of highways, by the assistance 
of the state, shall be construed to prohibit the township in which the 
improvement is made from bidding upon the work and the highway 
commissioner may award the contract to the township trustees pro- 
vided the bid for constructing the improvement conforms to all re- 
quirements that are made for other bidders. 

(4614-44) Sec. 12. [Dirt road may be constructed parallel with 
improved road.] Nothing in this act or any other act for the con- 
struction of improved highways, under direction of state authorities, 
shall be construed to prevent the highway commissioner or the au- 
thorities having jurisdiction of any such road, from constructing or for 
providing for the construction of a dirt road parallel with and along- 
side of any improved road, whenever in their judgment such construc- 
tion is necessary. 

14-F. H. B. 



210 LAWS RELATING TO AGRICULTURE. 

(4614-45) Sec. 13. [How funds from federal government ap- 
portioned.] Whenever there shall be available any funds for high- 
way improvement in the state, from the federal government the same 
shall be apportioned by the state highway commissioner on or before 
the first day of January in each year according to the mileage of town- 
ship or county roads in each county, but said funds shall only be used 
for the purpose of extending, improving, maintaining and construct- 
ing highways made under the provisions of this act, or which are of 
a standard approved by the state highway department, and shall be 
distributed upon application for the same by county commissioners of 
the various counties. 

Provided further, that if the amount so apportioned and set aside 
shall not be applied for a period of two years after it becomes avail- 
able, it shall be returned to the state treasury and be added to the 
appropriations for the current year and distributed anew as herein 
provided. 

(4614-46) Sec. 14. This act shall not be construed to conflict 
with any act now in force. (O. L. v. 97, p 511.) 

LABOR UPON HIGHWAYS, 

(1536-158) R. S. (2664-4) Sec. 4. [Labor upon highways with- 
in road district; who liable; exemptions.] All male persons between 
the age of twenty-one and fifty-five years, able to perform or cause to 
be performed the labor herein required, except every honorably dis- 
charged soldier who served in the United States army during the act- 
ual war, pensioners of the United States government, acting and con- 
tributing members of companies, troops and batteries of the Ohio 
national guard during their membership, and any person who is a 
member of any fire engine, hook and ladder, hose, or other company, 
for the extinguishment of fire or the protection of property at fires, 
under the control of the corporate authorities of any municipal cor- 
poration, and who receives no pay for such services during the time 
he may continue an acting member of such company, shall be liable 
annually, to perform two days' labor on the highways, under the di- 
rection of the street commissioner or road superintendent of the road 
district in which he resides. 

(1536-159) R. S. (2664-5) Sec. 5. [Payment of money in lieu of 
labor.] But if a person, being warned as hereinafter provided, pay to 
the street commissioner or the road superintendent in whose district 
he resides the sum of three dollars' within three days after being noti- 
fied by the street commissioner or road superintendent, the same shall 
be received in lieu of the two days' labor, and the same shall be paid 
by such street commissioner or road superintendent to the municipal 
treasurer or to the township treasurer, as the case may be, and placed 
in the fund for the improvement of the roads in the township or mu- 
nicipality in which such, person resides. 

(1536-160) R. S. (2664-6) Sec. 6. [Ordering out of persons li- 
able ; penalty for failure to obey order, etc.] Each street commission- 
er or road superintendent shall order out every such person resident in 



LAWS RELATING TO AGRICULTURE. 211 

his district between the fifteenth day of April and the first day of July 
annually, and direct him to do and perform the work aforesaid on the 
public roads within the district ; the order shall be given to each per- 
son at least two days prior for the performance of the labor, either 
personally, or by written notice left at his usual place of abode ; and 
if any person so notified who is liable to perform such labor, refuses 
or neglects to attend, by himself or substitute, to the acceptance of 
the street commissioner or road superintendent, or having attended, 
refused to obey the directions of the street commissioner or road su- 
perintendent, or spend the time in idleness or inattention to the duties 
assigned him, he shall forfeit and pay the sum of one dollar for every 
such offense, and shall further be liable in all cases of nonattendance, 
to the amount allowed for two days' work, to be recovered by action 
before a justice of the peace of the proper township, at the suit of the 
street commissioner or road superintendent within whose district he 
resides. 

(1536-161) R. S. (2664-7) Sec. 7. [Non-exemption against exe- 
cution.] The defendant shall not be entitled to any exemption under 
any of the laws of this state against execution issued on any judgment 
and the costs secured under the provisions of this chapter. 

(1536-162) R. S. (2664-8) Sec. 8. [Non-release by neglect to or- 
der out; directions governing time of performance.] No person shall 
be released from performance of labor on the public highway by rea- 
son of neglect of any street commissioner or road superintendent to 
order him out on or before the first day of July. The trustees of any 
township or the board of public service of any municipality may direct 
the time when the labor shall be performed, and shall cause all road 
superintendents or street commissioners, as the case may be, in their 
respective townships or municipalities, as the case may be, to perform 
all work on the public roads in such a manner and in such time and at 
such places as the township trustees or the board of public service of 
the municipality may direct. 

(1536-163) R. S. (2664-9) Sec. 9. [Production or non-production 
of certificate in case of removal.] If a person removed from one dis- 
trict to another between the first day of April and the fifteenth day of 
November who has prior to such removal, performed the whole or any 
part of the labor aforesaid, or in any other way has paid the whole or 
any part of the amount aforesaid in lieu of such labor, and produce a 
certificate of the same from the street commissioner or road superin- 
tendent of the proper district, such certificate shall be a complete dis- 
charge for the amount therein specified ; but without producing such 
certificate he shall be required to perform two days' labor, or such part 
thereof as he has not performed under the direction of the street com- 
missioner or road superintendent. 

(1536-164) R. S. (2664-10) Sec. 10. [Appearance with required 
implements, etc.] Any person called upon to perform labor upon 
the public roads and highways under any provision of this chapter 
shall by himself or substitute, appear at the place appointed by the 
street commissioner or road superintendent at the hour of seveic. 
o'clock in the forenoon with such necessary tools and implements as 



L 



212 LAWS RELATING TO AGRICULTURE. 

the street commissioner or road superintendent may direct; and the 
street commissioner or road superintendent may, if necessary for the 
improvement of the road, require any person owning the same to fur- 
nish a team of horses, mules, or oxen, and wagon, cart, plow, or scrap- 
er, to be employed and used on the roads under the direction of the 
street commissioner or road superintendent. (O. L., v. 98, p. 330.) 

(1536-165) R. S. (2664-11) Sec. 11. [Residence.] For the pur- 
poses provided for in the preceding sections, the residence of any per- 
son who has a family shall be held to be where his family resides, and 
the residence of any (other) person shall be held to be where he 
boards in any road district. 

(1536-166) R. S. (2664-12) Sec. 12. [Collection of fines, etc.] 

Road superintendents or street commissioners within their respective 
districts, shall collect, by suit or otherwise, all fines, forfeitures, and 
penalties arising and accruing under the provisions of this chapter, 
unless the collection thereof is otherwise herein provided for; and they 
are hereby required before their settlement with the township trustees 
to prosecute to linal judgment all persons neglecting or refusing to 
comply with the provisions of this chapter, from whom such fine, for- 
feiture, or penalty, in the opinion of the municipal board of public ser- 
vice or township trustees, can be collected by execution; and the judg- 
ments, if not paid together with the costs thereon, shall remain and be 
in force against the judgment debtor, as other judgments at law. And 
the costs incurred by any road superintendent in any suit brought 
under this chapter, when the same is not collected from the defendant, 
shall be paid by the trustees of the township out of the township gen- 
eral fund ; if the costs be incurred by any street commissioner in any 
suit brought under this chapter, when same is not collected from the 
defendant, shall be paid by the municipality out of the municipal gen- 
eral fund. 

(1536-167) R. S. (2664-13) Sec. 13. [Disposition of moneys col- 
lected; reports; prosecution of delinquents; day labor may be em- 
ployed.] Street commissioners and road superintendents shall pay 
into the road fund of the municipality or of the township in which such 
street commissioner or road superintendent is employed, all money 
by them collected ; and all fines and forfeitures sued for and recovered 
under the provisions of this chapter, shall be paid by the justice of the 
peace or constable collecting the same on demand, to the street com- 
missioner or road superintendent of the road district wherein the fine 
or forfeiture accrued, and all road superintendents and street commis- 
sioners shall render an account to the trustees or to the board of pub- 
lic service of the municipality, as the case may be, at the annual set- 
tlement of all moneys received by them and paid into the municipal or 
township treasury, and all judgments that remain unpaid and the 
name of the judgment debtor, and the justice before whom such judg- 
ments were obtained, and the amount thereof, and the trustees shall 
make such order as to the prosecution of suits by the road superin- 
tendents or street commissioners, as the case may be, of the proper 
districts, against such delinquents, as in the judgment of the trustees 
the interest of the township may require. The township trustees 
of any township or the board of public service of any municipality 



LAWS RELATING TO AGRICULTURE. 213 

may, for the benefit of the roads and highways, employ day labor at 
a rate not to exceed seventeen and one-half cents per hour for each 
hour actually employed and for the employment of teams at a rate 
not exceeding thirty-five cents per hour for each hour actually em- 
ployed, to be paid out of the road fund of the township or municipality 
in which said work is performed as other bills are paid. (O. L., v. 98, 
P- 330- ) 

(1536-168) R. S. (2664-14) Sec. 14. [Transfer of money; re- 
ceipt; executions on unpaid judgments; expenditure of proceeds.] All 
money that may remain in the hands of the supervisor at the time of 
the annual settlement with the township trustees shall be paid to his 
successor in office as soon as such successor is elected and qualified, 
and a receipt taken therefor, and he shall deposit the receipt with the 
township clerk; and any supervisor may sue out executions on any 
judgments that remain unpaid within his district, at any time when, 
in his opinion, the same can be collected, and the money so received 
and collected, shall be expended as provided in the foregoing sec- 
tions. 

STATE ROADS. 

Sec. 4615. [How state roads laid out, and width.] All state 
roads, hereafter laid out, shall be not more than sixty nor less than 
forty feet wide, and proceedings therefor shall be by petition to the 
county commissioners, as hereinafter provided. 

Sec. 4616. [Petition for; what to contain.] All petitions for a 
state road shall specify the place of the beginning, the intermediate 
points, if any, and the place of termination of the road. 

Sec. 4617. [Commissioners to view and survey proposed road.] 

On application by petition signed by at least twenty freeholders of 
each county through which it is proposed to lay out and establish any 
state road, the board of commissioners of each county shall appoint 
one disinterested freeholder of their respective counties as a com- 
missioner to act with 'other commissioners so appointed from each 
county to view and survey the proposed road; provided, that when 
said proposed road affects but two counties the county commissioners 
of the county in which three-fifths or more of such proposed road is 
to be located shall appoint two such commissioners to view and survey 
the same ; provided further, that when such proposed road affects but 
two counties and the sections of the same in the several counties are 
approximately equal in length the surveyor or engineer appointed in 
pursuance of section 4619 herein shall be a third commissioner to view 
and survey the same. 

Sec. 4618. [Bonds to be given.] Previous to granting an order 
on such petition one of the parties in each county interested in the 
location of the road, shall enter into a bond with two or more re- 
sponsible freeholders in such county as sureties, to the satisfaction of 
the county commissioners, payable to the state, and conditioned for 
the payment of all expenses which may accrue in the location of the 
road, in case the same should not be established a public highway. 



214 laws relating to agriculture. 

Sec. 4619. [Duties of county commissioners.] On the filing of a 
petition and bond, which shall be at the same session of the commis- 
sioners in each of the counties interested in the location of the road, 
the commissioners shall issue their order, directing the commission- 
ers by them appointed, to meet at the place of the beginning of the 
road, on the first Wednesday of the month then next ensuing, and such 
commissioners, when met, shall employ a skillful surveyor, chain car- 
riers, a marker, and other assistants, if necessary, and proceed to the 
discharge of the duties of their appointments respectively ; and each 
commissioner, surveyor, and chain carrier shall, before entering on the 
duties of his appointment, take an oath to discharge his duties faith- 
fully and according to law. 

Sec. 4620. [Route of road, etc.] Each road shall be laid out 
from the place of beginning to the place of termination on the most 
direct route that suitable ground can be found whereon to establish the 
same, always having regard to the intermediate points, if any, and all 
roads established agreeably to the provisions of this chapter shall be 
opened and considered public highways. 

Sec. 4621. [Duties of road commissioners.] The commissioners 
appointed to lay out and establish the road, shall cause the same to be 
correctly surveyed and marked throughout the whole distance of the 
same, and note the courses and distances thereof; and at the end of 
each mile, shall mark the number thereof, on a tree, or a monument 
erected by them for that purpose ; and the commissioners and surveyor 
of each road shall make a certified return of the survey and plat of the 
whole length of the road, specifying therein the distance the same is 
laid out in each county, and whether, in their opinion, the public con- 
venience requires the establishment of the road, or any part thereof; 
one complete copy of which return shall be signed by a majority of the 
road commissioners and the surveyor, and immediately deposited in 
the commissioners' office in each county in which any part of the 
road is laid out, and the auditor of the county shall file the same in his 
office. 

Sec. 4622. [Notice by advertisement.] If the commissioners re- 
port in favor of the establishment of the road, the county commis- 
sioners of the respective counties shall, at their next session after the 
filing of the report, order the auditor to cause a notice thereof to be 
published in some newspaper of general circulation in the county, for 
four consecutive weeks before the next meeting of the board, notifying 
all parties interested in the establishment of the same that the com- 
missioners of the counties will hear parties in favor of or against the 
etsablishment of the road, and the application for damages, and com- 
pensation for lands appropriated, of any person on account of the loca- 
tion of the road through his lands. 

Sec. 4623. [Second publication of notice.] All persons who do 
not make application for compensation or damages at the next regular 
session of the commissioners, after the publication of such notice, shall 
be considered and held to have released all claim to damages by reason 
of the location of the road ; and if there be any lands, the owners of 
which have not granted the right of way, nor filed their application for 



LAWS RELATING TO AGRICULTURE. 215 

damages with the county commissioners, the whole case shall be con- 
tinued to the next regular session of the commissioners, and they shall 
again order the auditor to cause notice to such owners and all other 
persons interested, to be published in some newspaper of general cir- 
culation in the county, for four consecutive weeks before their next 
meeting, that they will, at such meeting, hear all applications for 
damages. 

Sec. 4624. [Appointment of officers to assess damages.] If any 
person consider himself aggrieved by the location or widening of the 
road through his premises, he shall file a petition in writing, describ- 
ing the lands on which he claims damages, with the commissioners of 
the proper county, at their next regular session after the publication of 
the notice provided for in the preceding sections ; and the commis- 
sioners shall appoint a jury of three disinterested freeholders of the 
county, who, after taking an oath to faithfully and impartially dis- 
charge the duties imposed upon them by this chapter, shall proceed to 
view the road the entire distance the same may have been located 
through the premises of the complainant, and of minors, idiots, 
lunatics, or insane persons, where the same are known, and assess 
the compensation to be paid in money for the property sought to be 
appropriated, without deduction for benefits arising from the location 
of the road ; but the petitioners for the road, or any one of them, may 
obtain a relinquishment of damages and right of way from any per- 
son through whose land the road may be located. 

Sec. 4625. [Payment of damages.] If the commissioners are 
satisfied that the amount so assessed and determined by the jury afore- 
said be just and equitable, and that the road or any part thereof will, 
in their opinion, be of sufficient importance to the public to cause the 
compensation and damages to be paid by the county, they shall order 
the same to be paid to the claimant from the county treasury; but if, 
in their opinion, the road is not of sufficient importance to the public, 
to cause the same to be paid by the county, they may refuse to estab- 
lish the same a public highway, unless the damages and expenses are 
paid by the petitioners ; but if there be no applications for damages, or 
the damages are paid by the county or petitioners, then and in either 
case, the commissioners may establish the same a public highway, and 
order the same to be recorded. 

Sec. 4626. [Compensation of commissioners, employes, etc.] The 

following persons required to render services under this chapter, shall 
receive compensation for each day necessarily employed, as follows, 
to wit: Commissioners two dollars, chain carriers, markers, and other 
assistants, one dollar, and surveyors two dollars and fifty cents, per 
day, each, to be charged as costs and expenses ; the commissioners to 
be paid out of the county treasury of their respective counties, on the 
order of the county auditor ; and the fees of the surveyor, marker, 
chain carriers, and other assistants, shall be equally divided among 
all the counties interested, and paid out of the county treasury of the 
respective counties, on the order of the county auditors. 

Sec. 4627. [Appeals.] An appeal from the final decision of the 
commissioners, or [on] any application for damages or compensation 



216 LAWS RELATING TO AGRICULTURE. 

sustained by the location of any state road, shall be allowed to the pro- 
bate court of the proper county, if notice of such appeal be given by 
the appellant during the same session of the commissioners at which 
such decision was made, and the appellant shall, within ten days there- 
after, enter into bond with good and sufficient surety, to be approved 
by the county auditor, for the payment of all costs and expenses, aris- 
ing from, or in consequence of, such appeal; and the appellant shall, 
within five days thereafter, deliver to the probate judge a transcript of 
the proceedings had before the commissioners. 

Sec. 4628. [The jury, and its proceedings.] Upon receiving the 
transcript, the judge shall immediately issue a summons against the 
obligors in the bond filed under section four thousand six hundred and 
eighteen which shall be served and returned as other writs of like char- 
acter; in such suit the appellant shall be plaintiff and the obligors de- 
fendants; and upon the return of service, the judge shall cause a jury 
of twelve men to be selected and returned by the sheriff and clerk as 
provided by law, and such proceedings and trial may be had before the 
jury as are provided in chapter four; and upon return of their verdict 
to the probate judge, he shall enter the same on record, with the 
former proceedings, and certify the decision to the county auditor, and 
the decision made and recorded shall be final, except as hereinafter 
provided. 

Sec. 4629. [Costs on appeal.] In all cases of appeal from the 
final decision of the county commissioners, as provided in section four 
thousand six hundred and twenty-seven, the appellant shall pay all 
costs that may accrue in consequence of said appeal, unless the award 
rendered by the jury in the probate court shall exceed in amount the 
award rendered by the jury appointed by the county commissioners. 

Sec. 4630. [When costs and damages paid by county.] If, upon 
the reception of the decision obtained in the probate court, the county 
commissioners shall not deem the road of sufficient importance to 
cause the expenses incurred and damages assessed in the probate court 
to be paid by the county, they may refuse to establish the same, unless 
the parties interested in the location of the road shall pay or cause to 
be paid, before the opening of the road, to the satisfaction of the coun- 
ty commissioners, in case the road is established a highway, all ex- 
penses incurred and damages assessed ; but the commissioners, if in 
their opinion a part only of the road will be of public utility, may re- 
cord and establish such useful part, and reject the residue, in case it be 
capable of division. 

Sec. 4631. [When the road can be established.] If the expense 
and damages are paid or secured to be paid as aforesaid, or the com- 
missioners direct* the same to be paid by the county, then and in either 
case, they shall enter an order that the road be established a public 
highway. 

Sec. 4632. [Fees and costs.] For services required by sections 
forty-six hundred and twenty-seven and forty-six hundred and twenty- 
eight, the officers and other persons, shall each be entitled to the same 
fees as they are entitled to by law for like services in other cases ; the 



LAWS RELATING TO AGRICULTURE. 217 

auditors to be paid out of the county treasury, and the judge and 
others entitled to fees, to be taxed in the bill of costs in the cause in 
court. 

Sec. 4633. [How width reduced.] The county commissioners 
of any county, upon notice given in some newspaper of general circu- 
lation in the county, for four consecutive weeks ; and on petition pre- 
sented to them, signed by at least twelve freeholders of the county, if 
they deem it just and proper so to do, may reduce the width of any 
state road, or any part thereof, to any width not less than forty feet, or 
increase the width of any such road to any width not more than sixty 
feet, and shall order the county auditor to make a record of the same ; 
but the commissioners shall, previous to making any such order, ap- 
point three disinterested citizens of the county, to view and report to 
them, under oath, as to the utility of such proposed change, and also 
the width which, in their opinion, would be necessary. 

Sec. 4634. [How road turned, altered, vacated, etc.] Any part 
of a state road in *any county may be turned or altered, or its begin- 
ning or true course ascertained, or, where it has become useless or has 
remained unopened for the term of five years, may be vacated, by the 
commissioners of such county, and, when it has been injured or de- 
stroyed, it may be repaired by the township trustees ; and proceedings 
for such purposes shall be had and conducted as provided in like cases 
for county roads. 

Sec. 4635. [Alterations in state roads established.] That all 
alterations of state roads heretofore or hereafter made and established, 
shall form a part of said road, and so much of the original road as lies 
between points at which the alterations intersect shall be and remain 
vacated. 

Sec. 4636. [Vacation by non-user.] Any state road or part of 
such road which has heretofore been authorized, which remains un- 
opened for public use for the space of ten years, shall be vacated, and 
the authority for opening revoked for non-user. 

COUNTY ROADS. 

Sec. 4637. [Width of county roads.] All county roads hereafter 
laid out and established shall not be less than thirty nor more than 
sixty feet wide, to be determined by the viewers as hereinafter pro- 
vided, except that when the road is upon the state line, the county 
commissioners may determine the width not less than fifteen nor more 
than thirty feet of the land to be taken in this state. 

[Hamilton county.] And provided, further, that in any case 
where, in any county containing a city of the first grade of the first 
class, a steam or electric road has been or may be established on and 
along any county road or state road under the control or supervision 
of the county commissioners, the county commissioners may deter- 
mine the width of the w r hole, or any part of said road over which said 
railroad passes, or may pass, not exceeding eighty feet ; but in all such 
cases the damages assessed by the viewers, on account of the estab- 



218 LAWS RELATING TO AGRICULTURE. 

lishing or widening of such road, as provided by law in chapter 2, 
title 7 of the Revised Statutes of Ohio, unless voluntarily paid shall be 
duly assessed upon the property abutting upon the road or part of 
road so established or widened, by the front foot; the same to be done 
and collected in three annual installments, as provided by law, govern- 
ing assessments by municipal corporations. 

Sec. 4637-1. [County roads; power of commissioners.] On a 

petition therefor signed by the owners of at least a majority of the foot 
frontage on any county road or part thereof, heretofore established or 
hereafter to be established, the county commissioners may do any one 
or more of the following acts or things : 

a. Cause the county surveyor to establish a grade along said 
road, or part thereof, subject to the approval of said commissioners. 

b. Cause said road or part thereof to be widened, altered or es- 
tablished to a greater width than sixty feet and not more than one 
hundred feet, to be determined by the viewers as provided in this 
chapter. 

c. Grade, drain, curb, pave and improve said road, or part there- 
of, proceeding in the making of the same in the manner prescribed in 

section 2824a of the Revised Statutes. 

• 

Sec. 4637-2. [Damages, costs, and expenses; how paid.] The 

county commissioners may assess the damages on account of the wid- 
ening, altering or establishing of said road or part thereof, also the 
costs and expenses of any or all of said improvements or such part of 
said damages, costs and expenses as they may deem equitable under 
the circumstances upon the taxable property abutting upon such road 
or part thereof, either according to the foot frontage or according to 
the benefits, or the county commissioners may enter into an agree- 
ment with the board of township trustees of any township wherein 
any state or county road improvement is contemplated whereby said 
boards may each pay such a proportion of said improvements as may 
be agreed upon by the county commissioners and the township trus- 
tees of the township in which said improvement is to be made. The 
county commissioners are hereby created an assessing board for the 
purpose of assessing the damages, costs and expenses, as herein set 
forth, upon the abutting property as aforesaid. 

Sec. 4637-3. [Part of expense may be paid from county treas- 
ury or improvement fund.] The commissioners may order such part 
of the damages, cost and expense of such improvement as they may 
deem equitable, to be paid out of the county treasury, or out of any 
state and county road improvement fund. 

Sec. 4637-4. [Notice of assessments.] Before adopting the as- 
sessments so made, the county commissioners shall publish notice for 
three weeks consecutively, in some newspaper of general circulation 
in the county, that such assessments have been made, and that the 
same are on file in the office of the county commissioners for the in- 
spection and examination of the persons interested therein. 



LAWS RELATING TO AGRICULTURE. 219 

Sec. 4637-5. [Filing of objections to assessments.] If any per- 
son objects to the assessment he shall file his objections in writing 
with the board of county commissioners within two weeks after the 
expiration of the said notice, and thereupon the board shall appoint 
three disinterested freeholders of the county to act as an equalizing 
board possessing the same qualifications, which shall proceed in the 
board. 

Sec. 4637-6. [Hearings by equalizing board.] Upon a day ap- 
pointed by the commissioners for that purpose, such equalizing board, 
after taking an oath before a proper officer honestly and impartially to 
discharge their duties, shall hear and determine all objections to the 
assessment, and equalize the same as they may think proper, which 
equalized assessment they shall report to the board of county commis- 
sioners, which shall have power to confirm the same or set it aside and 
cause a new assessment to be made, and appoint a new equalizing 
board possessing the same qualifications, which shall proceed in the 
manner above provided. 

Sec. 4637-7. [Confirmation of assessments.] When the assess- 
ment is confirmed by the county commissioners it shall be complete 
and final ; provided that whenever by any of the provisions of this act 
any act or thing is required to be done by the county commissioners 
the concurrence of two-thirds of said county commissioners shall be 
deemed sufficient. 

Sec. 4637-8. [Assessment upon real estate subject to life es- 
tate.] When such [an] assessment is made upon real estate subject 
to a life estate, the provisions of section 2268 of the Revised Statutes 
shall apply. 

Sec. 4637-9. [Collection of assessments.] The assessment so 
made shall be certified by the commissioners to the auditor of the 
county, who shall place the same on the tax list against such taxable 
property, which shall thereupon become a lien upon such property, 
and the same shall be collected as other taxes, in not to exceed ten 
annual installments. Said commissioners may, after the amount of 
one installment has been paid, in anticipation of the collection of the 
balance of said assessment, borrow a sum of money sufficient to pay 
the balance of such assessments and shall have authority to issue and sell 
negotiable notes or bonds bearing a rate of interest not to exceed five per 
cent, per annum. In which event said commissioners shall cause the dam- 
ages to be paid at once, also the improvement to be made at once, and 
may add interest at the rate of not to exceed five per cent, per annum 
to all unpaid installments and collect the same together with the as- 
sessment. (O. L. v. 97, p. 490.) 

Sec. 4637-10. [Land not to be taken until damages are paid.] 
The county commissioners shall not take possession of any land ap- 
propriated for the purpose of a county road until the damages assessed 
for the same shall be paid. 



220 Laws relating to agriculture. 

[Abandonment of appropriation proceedings.] And they may 
abandon any proceedings for the appropriation of land for road pur- 
poses upon the payment of the defendant's costs, expenses and attor- 
ney fees as found by the court. 

[Damages not to be paid until assessments are collected.] And 

in all cases where the county commissioners decide to collect said 
damages 'by assessing the same on abutting property, they shall not be 
required to pay such damages until the same are collected by assess- 
ment. 

[Effect of failure to certify assessments.] But the failure of the 
county commissioners to so certify an assessment for such damages to 
the county auditor to be placed upon the tax duplicate in such install- 
ments as they may determine upon so that one installment may be 
placed upon the first duplicate made up after the determination of the 
entire amount thereof, shall be considered as an abandonment of the 
property, rights and interests so appropriated. 

Sec. 4637-11. [Provisions of statutes which shall apply; right 
of appeal.] All the provisions of title 7, chapter 2, and of title 13, 
chapter 5, of the Revised Statutes, so far as the same are not incon- 
sistent herewith shall apply to all levies made and to all roads estab- 
lished, widened or altered and improved under the provisions of this 
act, and the same right to appeal to the probate court as now exists 
under the provisions of title 7, chapter 4, of the Revised Statutes is 
reserved. 

Sec. 4637^. [Widening and alteration of roads in Lorain county.] 

That in any county having at the last federal census, a population of 
not less than 40,295, nor more than 40,298, the commissioners may 
cause to be widened or altered not to exceed the width of eighty feet 
such county roads or parts thereof as may heretofore have been estab- 
lished, and upon the petition of the owners of a majority of the foot 
frontage along any county road, the county commissioners shall direct 
the county surveyor to establish a grade along such road, or any part 
therof, subject to the approval of said commissioners; provided, how- 
ever, that the petitioners therefor shall represent not less than one- 
half mile of the foot frontage of said road. 

Sec. 4637&-1. [Assessment of compensation and damages.] In 

all cases where the county roads may hereafter be established, widened 
or altered by virtue of this action, the county commissioners who are 
hereby created an assessing board for the purpose of assessing the cost 
and expense as -set forth herein, may, instead of requiring the com- 
pensation and damages for the land taken and expense of grading and 
draining said road to be paid in whole or in part out of the county 
treasury or by the petitioners, as provided in section 4651 of the Re- 
vised Statutes, assess the, same or such part thereof as they may deem 
equitable under the circumstances, upon the lots or lands abutting 
upon the said improvement and upon lots and lands benefited thereby 
and in making such assessments regard must be had as far as practica- 
ble to the benefits conferred upon the property assessed. 



LAWS RELATING TO AGRICULTURE. 221 

Sec. 4637^-2. [Collection of assessments.] The assessments so 
made shall be certified by the commissioners to the auditor of the 
county, who shall place the same on the tax list against such tax- 
able property, which shall thereupon become a lien upon such proper- 
ty, and the same shall be collected as other taxes in not to exceed five 
annual installments ; provided, that said county commissioners may, in 
anticipation of the collection of such assessments, cause the whole of 
such compensation, damage and expense to be paid at once out of the 
county treasury to the parties, entitled thereto, in which case interest 
at the rate of five per cent, per annum may be added to all the unpaid 
installments and collected therewith. 

Sec. 4637^-4. [Compensation, etc., may be paid out of county 
treasury.] The commissioners may order such part of the compensa- 
tion, damages and cost as they may deem equitable, to be paid out 
of the county treasury. 

Sec. 4637^-5. [Publication of assessments.] Before adopting the 
assessments so made, the county commissioners shall publish notices 
for three weeks consecutively, in some newspaper of general circula- 
tion in the county, that such assessments have been made, and that 
the same is [are] on file in the office of the county commissioners for 
the inspection and examination of persons interested therein. 

Sec. 4637/^-6. [Objection to assessments.] If any person objects 
to the assessment, he shall file his objection in writing with the board 
of county commissioners within two weeks after the expiration of the 
said notice, and thereupon the board shall appoint three disinterested 
freeholders of the county to act as an equalizing board. 

Sec. 4637/^-7. [Hearing objections.] On a day appointed by the 
commissioners for that purpose, such board after taking an oath 
before a proper officer honestly and impartially to discharge their du- 
ties, shall hear and determine all objections to the assessment and 
equalize the same as they may think proper, which equalized assess- 
ment they shall report to the board of county commissioners, which 
shall have the power to confirm the same, or set it aside and cause a 
new assessment to be made, and appoint a new equalizing board pos- 
sessing the same qualification, which shall proceed in the manner 
above provided. 

Sec. 4637^-8. [Confirmation of assessments.] When the assess- 
ment is confirmed by the county commissioners it shall be complete 
and final ; provided, that whenever by any of the provisions of this act 
any act or thing is required to be done by the county commissioners, 
the concurrence of two-thirds of said county commissioners shall be 
deemed sufficient. 

Sec. 4637^-9. [Application of existing statutes.] All of the pro- 
visions of title 7, chapter 2, of the Revised Statutes, so far as the same 
are not inconsistent herewith, shall apply to all roads established, 
widened or altered under the provisions of this act, and the same 
right to appeal to the probate court as now exists under the provisions 
of title 7, chapter 4, of the Revised Statutes, is reserved. 



222 LAWS RELATING TO AGRICULTURE. 

Sec. 4638. [The petition and bond.] Applications for laying out, 
altering, changing the width of, or vacating any county road shall be 
by petition to the county commissioners, signed by at least twelve 
freeholders of the county residing in the vicinity where the road is to 
be laid out, viewed or reviewed, altered or vacated, and one or more 
of the signers to any such petition shall enter into bond with sufficient 
surety, payable to the state for the use of the county, conditioned that 
the persons making such application shall pay into the treasury of the 
county the amount of all costs and expenses accruing thereon in case 
the application shall fail ; and in case the application shall not fail, the 
commissioners may, in their discretion, order the petitioners to pay 
any or all costs and expenses of such application, or may pay all or 
any portion thereof out of the county treasury. 

Sec. 4639. [Judgment for costs, and suit on bond.] When the 
commissioners make such an order, and the petitioners fail, neglect, 
or refuse to pay the costs and expenses, the persons signing the bond 
shall be liable thereon for the full amount of all costs and expenses 
•of the application, and the auditor of the county shall deliver the bond 
to the prosecuting attorney, who shall collect and pay the same to the 
county treasurer ; and in all cases of contest the court having jurisdic- 
tion of the case shall have full power to render judgment for costs ac- 
cording to justice between the parties. 

Sec. 4640. [What petition to contain.] Petitions for laying out, 
vacating, or altering a county road shall specify the place of beginning, 
the intermediate points, if any, and the place of termination of the 
road, or part proposed to be altered or vacated. 

Sec. 4641. [Notice of application.] Previous to any such peti- 
tion being presented, notice thereof shall be given by advertisement 
set up at the auditor's office, and in three public places in each town- 
ship through which any part of the road is to be laid out, altered, or 
vacated, at least thirty days previous to the meeting of the commis- 
sioners at which the petition shall be presented ; and stating the time 
when such petition is to be presented ; and the substance thereof shall 
be published for four consecutive weeks before the presentation of any 
such petition, in some newspaper published in the county in which the 
road sought to be established, altered, or vacated by such petition is 
situated, if there be a newspaper therein. 

Sec. 4642. [Appointment of viewers.] On the presentation of 
the petition, if the commissioners are satisfied that notice has been 
given as aforesaid, they shall appoint three disinterested freeholders 
of the county as viewers, who shall also be a jury to assess and deter- 
mine the compensation to be paid in money for the properties sought 
to be appropriated, without deduction for benefit to any property of 
the owner, and to assess and determine how much less valuable, if 
any, the land or premises from which such appropriation may be 
taken, will be rendered by the opening and construction of the road, 
and the county surveyor to survey the same. 

[Commissioners to issue order to viewers.] And shall issue an 
order directing the viewers, with the county surveyor, to proceed on 



LAWS RELATING TO AGRICULTURE. 223 

a day to be named in the order, or on their failing to meet on that day, 
within five days thereafter, to view, survey, and lay out or alter said 
road, and determine whether the public convenience requires that such 
road or any part thereof shall be sixty feet in width, or whether a less 
width than sixty [feetl will as well promote the public convenience, 
and report the width, in their opinion, the same shall be established 
and opened. 

Sec. 4643. [When road viewers fail to perform duty a new order 
may issue.] If the viewers fail to proceed on the day named in the 
order, or within five days thereafter, so that said duty shall not be per- 
formed and reported to the commissioner at their regular or special 
session next after such order was made, the commissioners may at 
such next regular or special session issue a new order and appoint new 
viewers, who shall be by such order required to perform the same 
duties as required of said original viewers under the original order, or 
the commissioners may make such other order in the premises as to 
them may seem proper. 

Sec. 4644. [If viewer fail to attend, how another appointed.] 
If a person appointed as viewer or reviewer on any road by the com- 
missioners or probate judge of the county fail to attend at the place 
specified in the order at or before ten o'clock a. m. of the day in the 
order specified, the surveyor and two viewers shall fill the vacancy by 
appointing a judicious, disinterested freeholder of the county, and in 
case of a review when five viewers are required, the surveyor and not 
less than three of the viewers may appoint a judicious freeholder of 
the county to fill the vacancy, who shall be required to take the same 
oath and be vested with the same power to do and perform the same 
duties as if he had been appointed by the commissioners or probate 
judge of the county. 

Sec. 4645. [Notice to land-owners.] The principal petitioner, or 
the county auditor, shall give at least six days' notice, in writing, to 
the owner, or his agent, if residing within the county, or, if such owner 
be a minor, idiot, or insane person, to the guardian of such person, if 
a resident of the county, through whose land the road is proposed to be 
laid out and established, or through whose land the road which it is 
proposed to alter or vacate may have been previously established, and 
also six days' notice to the viewers and surveyor, named in the order 
of the commissioners, of the time and place of meeting, as speci- 
fied in the order, and of the day by which claims for compensation 
must be filed ; and the county auditor, if the road is proposed to be laid 
out, altered, or vacated on any lands owned by a non-resident of the 
county, shall cause a notice to such non-resident to be published, for 
four consecutive weeks, in some newspaper published in such county; 
but if there be no newspaper published therein, then in some news- 
paper in an adjoining county to that in which the lands sought to be 
affected by the road are situated, which notice shall state the time and 
place of the meeting of the viewers and surveyor, as specified in the 
order of the commissioners, and also the substance of the petition. 

Sec. 4646. [Duties of viewers.] The viewers and surveyor shall 
meet at the time and place specified in the order of the commissioners, 
and after taking an oath faithfully and impartially to discharge the 



224 LAWS RELATING TO AGRICULTURE. 

duties of their appointments respectively, shall take to their assistance 
two suitable persons as chain-carriers and one marker, and proceed to 
view, survey, and lay out or alter the road as prayed for in the peti- 
tion,, or as near the same as in their opinion a good road can be made 
at reasonable expense, taking into consideration the utility, conven- 
ience, inconvenience, and expense which will result to individuals, as 
well as to the public, if such road or any part thereof is established 
and opened, or altered; and also, as a jury, discharge the duties re- 
quired of them in section forty-six hundred and forty-two, and assess 
and determine the damages sustained by any person through whose 
premises the road is proposed to be established, altered, or vacated. 

Sec. 4647. [When compensation and damages not to be assessed.] 

But the viewers shall not be required to assess or award damages or 
compensation to any person except minors, idiots, or lunatics, in con- 
sequence of the opening of the road, unless the owner or his agent, hav- 
ing notice as provided in section forty-six hundred and forty-five of the 
application and proceedings by which his property is sought to be 
appropriated or may be injured, shall have filed a written application 
with the viewers, giving a description of the premises on which dam- 
ages or compensation is claimed ; and all applications for damages 
shall be barred unless they be presented as provided for by this 
chapter. 

Sec. 4648. [Who may administer oath.] When an oath is re- 
quired to be taken by any person under the provisions of this chapter, 
the same may be administered by the surveyor, or by one of the view- 
ers or reviewers, who has been previously sworn. 

Sec. 4649. [Duties of surveyor, etc.] The surveyor shall sur- 
vey the road, under the direction of the viewers, and cause the same 
to be "conspicuously marked throughout, noting the courses and dis- 
tances, and at the end of each mile shall cause the number of the same, 
and also the commencement and termination of the road or survey, to 
be marked on a tree, or monument erected for that purpose, and shall 
make and deliver to one of the viewers, without delay, a correct certi- 
fied return of the survey of the road, and a plat of the same ; and the 
viewers shall make and sign a report in writing, stating their opinion 
in favor of or against the establishment or alteration of the road, or 
any part thereof, and set forth the reasons of the same, which report, 
together with the plat and survey of the road, or alteration, shall be 
delivered to the county auditor by one of the viewers, on or before the 
first day of the session of the commissioners then next ensuing. 

Sec. 4650. [Duties of commissioners on report of view.] The 

commissioners, on receiving the report of the viewers, shall cause the 
same to be publicly read on two different days of the same session, and 
if no application *be made to them for a review of the road, or any part 
thereof, or alteration, and they are satisfied that such road, or any part 
thereof, if the same be capable of division, will be of public utility, and 
the report of the viewers is favorable thereto, and no damages have 
been claimed or assessed, shall on the third day of the session cause 
the report, survey, and plat to be recorded; and from thenceforth the 
road shall be considered a public highway, and the commissioners 



Laws relating to agriculture. 225 

shall issue their order to the trustees of the proper township or town- 
ships, directing the road to be opened ; but if the report of the viewers 
be against such proposed road, or alteration, or if, in the opinion of the 
commissioners, the same is unnecessary, no further proceedings shall 
be had thereon, and the obligors, in the bond securing the expenses, 
shall be liable for the full amount of such costs and expenses. 

Sec. 4651. [Report and payment of damages accruing from open- 
ing of county roads.] The viewers shall, at the time they make their 
report of the view, also make a separate report, in writing, stating the 
amount of damage [s], if any, and to whom by them assessed, which 
would accrue by the opening of the road ; and they shall also file the 
written application on which such assessments have been made, with 
the county auditor, and the commissioners shall cause such report to 
be publicly read on the third day of the session at which it was re- 
ceived, and if no petition for review or alteration has been presented 
and received, and they shall be satisfied that the amount so assessed 
and determined is just and equitable, and that the road will be of suf- 
ficient importance to the public to cause the damages which have been 
assessed to be paid by the county, they shall order the same to be paid 
to the applicants from the county treasury ; but if in their opinion the 
road is not of sufficient importance to the public to cause the same to . 
be paid by the county, they may refuse to establish the same a public 
highway unless the damages which have been assessed are paid by the 
petitioners ; or they may, in their discretion, order a portion of such 
damages to be paid out of the county treasury, and require the peti- 
tioners to pay the remainder thereof, before such roads are opened; 
but if application by petition shall have been made for review or alter- 
ation, then no further proceedings shall be had on the report till the 
final determination of the commissioners on such application. 

Sec. 4651a. [Review; amended report.] No report of viewers 
shall ever be set aside by the commissioners for any irregularity which 
does not materially affect the substantial rights of some interested 
party, and where a report is set aside for any such material irregulari- 
ty the commissioners may appoint the same or other viewers, and the 
proceeding shall recommence at the point provided for by section four 
thousand six hundred and forty-two, and proceed as before. Provided, 
that where it is practicable in the judgment of the commissioners the 
viewers may be sent back at any time before their report is finally 
acted upon by the commissioners, to supply or amend any omission or 
irregularity in their work or report as originally reported, and the 
amended report shall when finished be redelivered to the county au- 
ditor to be dealt with as in the case of an original report. 

Sec. 4652. [Application for and proceedings on review.] After 
the viewers have made return in favor of the road, and before the re- 
turn is recorded and the road established, any citizen of the county 
may apply to the commissioners for a review of the road, by petition, 
agreeably to section forty-six hundred and thirty-eigHt, and the commis- 
sioners shall, on such petition being presented, and being satisfied the 
same is just and reasonable, appoint five disinterested freeholders of 
the county to review the road, and issue their order to the reviewers, 
directing them to meet at a time to be specified in the order, or within 

15— F. H. B. 



226 Laws relating to agriculture. 

five days thereafter ; and the petitioners for review shall cause at least 
six days' notice to be given to the principal petitioner for the road, of 
the time and place of the meeting of the reviewers ; and the reviewers 
shall meet, and after taking the oath required in section forty-six hun- 
dred and forty-six, shall proceed to examine the route surveyed for the 
road by the former viewers, and make a report in writing to the com- 
missioners, stating their opinion in favor of or against the establish- 
ment of the road, or any part thereof, and their reasons for the same. 

Sec. 4653. [Proceedings on report of reviewers.] If the report 
of the reviewers be in favor of the road, the same shall be established, 
recorded, and opened, agreeably to the provisions of this chapter, and 
the persons bound for the same shall pay into the county treasury the 
amount of the costs of such review; but if the report be against the 
establishment of such road, no further proceedings shall be had there- 
on before the commissioners, and the persons executing the first bond 
shall pay into the county treasury the costs and expenses of the view, 
survey, and review. 

Sec. 4654. [To find the line of a road.] When the place of be- 
ginning or true course of any state or county road, or any public high- 
way not within the limits of any municipal corporation shall be uncer- 
tain by reason of the removal of any monument or marked tree, by 
which such road was originally designated, or from any other cause, 
the county commissioners of the proper county may appoint three dis- 
interested landholders of the county to review and find the line of the 
road, and if they deem it necessary, a competent surveyor to survey the 
same, and the reviewers and surveyor, after taking the oath required 
in section forty-six hundred and forty -six (4646), shall view and sur- 
vey said road, and the same correctly mark throughout as in case of 
new roads and shall make a return of the survey and plat of the road 
to the commissioners, who shall cause the same to be recorded as in 
other cases. 

[Establishment by judicial proceedings.] When such viewers are 
unable to ascertain the boundary lines of such road or highway with 
certainty, the commissioners of the county may commence and prose- 
cute a civil action in the courts of justice against any or all owners of 
land that abut upon said highway, to ascertain and have the bound- 
aries of such road or highway judicially established in one action, and 
thenceforth such road or highway so surveyed, or its boundaries ju- 
dicially established as aforesaid, shall to the full limits of such bound- 
aries be a public highway. 

Sec. 4655. [Application to turn road.] If any person through 
whose land a county road is, or may be established, shall be desirous 
of turning the road through any other part of his land, he may, by 
notice and petition, agreeably to the provisions of this chapter, ap- 
ply to the commissioners of the county while in session, to permit 
him to turn the road through any other part of his land, on as good 
ground, and without increasing the distance to the injury of the pub- 
lic ; and upon the receipt of such petition, the commissioners shall ap- 
point a surveyor, and three disinterested freeholders of the county, as 
viewers of the road, who shall proceed to view and survey the ground 



LAWS RELATING TO AGRICULTURE. 227 

over which the same is proposed to be turned, and ascertain the dis- 
tance which it will be increased by such proposed alteration and make 
a report, in writing, stating the several distances so found, together 
with their opinion as to the utility of making the alteration. 

Sec. 4656. [Application to change county road; proceedings on 
report of viewers.] If the freeholders report to the commissioners 
that the prayer of the petitioner is reasonable, and that the alteration 
will not place the road on worse ground, or increase the distance to the 
injury of the public, they shall upon receiving satisfactory evidence 
that the proposed new road has been opened a legal width, and in all 
respects made equal to the old road for the convenience of travelers, 
and if in their opinion the same will be just and reasonable, declare 
such new road a public highway, and make record thereof, and at the 
same time vacate so much of the old road as is rendered necessary 
[unnecessary] by the new; and the person desiring the alteration shall 
pay all the costs of the new survey, and return, unless the commis- 
sioners are satisfied that the alteration is of sufficient advantage to 
the public to cause the same to be paid by the county. And provided 
that any appeal heretofore or hereafter taken, remaining imperfected 
or not prosecuted to a hearing for two years after the giving of the 
appeal bond, shall be dismissed, and the county commissioners shall 
proceed under their order as though no appeal had been taken there- 
from. 

Sec. 4657. [Application for road on county line.] When it be- 
comes necessary to establish a road on a county line, the inhabitants 
along such line may petition the commissioners of their respective 
counties for a view of such road, in the manner provided in this chap- 
ter ; and the commissioners of each of the counties interested, shall ap- 
point two discreet landholders as. viewers, who, or a majority of them, 
shall meet at the time and place named in the order of the commis- 
sioners of the oldest county interested, who shall appoint a surveyor ; 
and the viewers and surveyor shall also be a jury for the assessment 
of damages, and shall, in all respects, be governed by the preceding 
sections of this chapter, and shall make their report in writing for or 
against such road to the commissioners of the counties concerned; 
and the commissioners, upon receiving such report, shall, in all re- 
spects, be governed by this chapter. 

Sec. 4658. [Proceedings on viewers' report.] If, on receiving 
such report, there is no legal objection thereto, and the commission- 
ers of all the counties interested are of opinion that such road, if 
opened, would be of public utility, they shall order the same to be 
opened in the manner pointed out by this chapter. 

Sec. 4659. [How width of road on state line determined.] The 

commissioners of any county through which a county road has been 
established upon a line of the state, may, upon petition and notice as 
hereinbefore provided, determine the width, not less than fifteen nor 
more than thirty feet, of the land within the county to be used for the 
road. 



228 LAWS RELATING TO AGRICULTURE. 

Sec. 4661. [Application for vacation.] When a county road, or 
part of a county road is considered useless, or has remained unopened 
for the term of five years, and any twelve freeholders residing in that part 
of the county where such road is established, may make application, 
agreeably to the provisions of this chapter, to the commissioners of the 
county, to vacate the same, setting forth in the petition the reasons 
why the road ought to be vacated, which shall be presented and pub- 
licly read at a regular session of the commissioners, and no other pro- 
ceedings shall be had thereon until the next session of the commission- 
ers, when it shall again be read; and if no objection be made, the 
commissioners may declare vacated the road, or any part thereof 
which they may deem unnecessary to keep open for public con- 
venience. 

Sec. 4662. [Appointment and report of viewers.] If objection 
be made in writing to such vacation, the commissioners shall appoint 
three disinterested persons to view the road, who shall take the same 
oath as required by section forty-six hundred and forty-six and pro- 
ceed to view the road, and make report of their opinion thereon, and 
the reasons for the same, to the commissioners ; and if the viewers re- 
port in favor of vacating the road, or any part thereof, the commission- 
ers may, if they deem it reasonable and just, declare the road va- 
cated, agreeably to the report of the viewers. 

Sec. 4663. [Penalties against viewers and surveyor.] If a per- 
son appointed by the county commissioners as a viewer, reviewer, or 
surveyor of any road, refuse or neglect to perform the duties required 
by this chapter, without making satisfactory excuse for such refusal 
or neglect, he shall be fined in any sum not exceeding five dollars, to 
be recovered by action by any person suing for the same, before a 
justice of the peace within the township wherein the person so, ap- 
pointed, and refusing or neglecting, may reside ; and the recovery shall 
be paid without delay, by the justice of the peace or constable collect- 
ing the same, to the treasurer of the township, taking his receipt there- 
for; and the trustees shall cause all fines which shall be paid into the 
township treasury under the provisions of this chapter, to be ex- 
pended on roads and bridges within their townships. 

Sec. 4664. [Fees of viewers, markers, surveyor, etc.] All per- 
sons required to render services under this chapter shall receive com- 
pensation for each day they are necessarily employed, as follows, to- 
wit : Viewers and reviewers, chain carriers and markers, two dollars 
each, and surveyor, five dollars, and actual and necessary expenses to 
be charged as costs and expenses, and paid out of the county treasury 
when approved and allowed by the county commissioners and on the 
order of the county auditor. (O. L. v. 98, p. 297.) 

Sec. 4665. [Repair of roads washed out.] When a county road 
is injured or destroyed by the washing of any lake, river, or creek, or 
by any washing or sliding of land occasioned by natural drainage, the 
trustees of the township in which such injury or loss of road has oc- 
curred, upon petition of any six freeholders of the township, shall call 
to their aid a competent surveyor, and proceed to examine such road ; 
and if, upon such examination, the trustees, or a majority of them, are 



LAWS RELATING TO AGRICULTURE. 229 

satisfied that such road has been destroyed, or so much injured that 
the public good requires an alteration of the same, they shall proceed 
to alter and lay out so much of the new road as may supply the sev- 
eral parts of the road thus destroyed or injured. 

Sec. 4666. [Application for damages, and proceedings thereon.] 

If a person through whose lands any such alteration or new road is 
laid out, feels injured thereby, he shall make application to the trus- 
tees, at the time of making the alteration on his premises, to assess and 
determine, according to the provisions of this chapter, the compensa- 
tion to be made in money for the property sought to be appropriated, 
and how much less valuable, if any, the premises will be rendered by 
the alteration of the road ; and the trustees and surveyor shall make a 
report of their doings in the manner pointed out as to the duty of 
viewers and surveyors in case of new roads ; and the auditor and 
commissioners of the proper county shall be governed in the reception 
and recording of such report in all respects as is prescribed in this 
chapter in cases of new roads. 

Sec. 4667. [Fees under the last two sections.] The surveyors 
and trustees shall receive for each day they are necessarily employed 
under the provisions of the two preceding sections, the same compen- 
sation allowed to surveyors and viewers in cases of new roads, the sur- 
veyor to be paid out of the county treasury, on the order of the county 
auditor, and the trustees out of the township treasury, on the order of 
the township clerk. 

Sec. 4668. [Roads vacated when unopened for seven years.] 

Whenever, after the lapse of two years from the date of an order 
establishing a county road, the same or any part thereof remains un- 
opened ; and a petition setting forth such facts is presented to the 
county commissioners, signed by three or more of the original peti- 
tioners, or freeholders, resident along the line of said road, the county 
commissioners may in their discretion cause said road, or part thereof, 
to be opened by contract, but any county road, or part thereof, 
which has heretofore or may hereafter be authorized, which remains 
unopened for public use for the period of seven years after the order 
establishing said road is made or authority granted for opening the 
same, shall be, and the same is hereby vacated, and the authority 
granted for erecting the same barred by lapse of time. 

Sec. 4669. [Alterations become part of road; parts vacated.] 

All alterations of county roads heretofore made and established, or 
which shall hereafter be made and established, shall be and remain 
part of such roads ; and so much of the original roads as is rendered 
unnecessary by such alterations in the opinion of the viewers and 
county commissioners shall be and remain vacated. 

Sec. 4670. [Commissioners must mark line of road by stone 
monuments.] The county commissioners shall cause stone monu- 
ments to be placed at the beginning, intermediate points, and termina- 
tion of all roads laid out and established under the provisions of this 
chapter, and said monuments shall be noted in their record of roads. 



230 LAWS RELATING TO AGRICULTURE. 

Sec. 4670-1. [Cuyahoga county additional road levy.] In 

counties containing a city of the second grade of the first class, the 
commissioners, at their March or June session annually, in addition 
to the levy authorized for road and bridge purposes by section 2824 
of the Revised Statutes, shall levy on each dollar of valuation of taxa- 
ble property within said county, five-tenths of a mill ; and in addition 
thereto, on each dollar of valuation of taxable property within the 
townships outside of the cities and incorporated villages, which town- 
ships outside of the cities and incorporated villages are hereby made a 
taxing district for that purpose, one mill for the creation of a fund to 
be known as the state and county road improvement fund, and to be 
used for the improvement of state and county roads outside of such 
municipal corporations. 

Sec. 4670-2. [Improvement of such roads.] The county com- 
missioners of such counties shall have power to improve any such 
state or county road or any part thereof, by straightening or altering 
the same, and by grading, paving with steel rails, stone or brick or 
other suitable material, or a combination of any or all these materials, 
graveling, planking or macadamizing the same and shall use the funds 
hereinbefore created for that purpose. 

Sec. 4670-3. [Purchase of road.] The commissioners of such 
county may purchase any turnpike or plank toll-road, or any part 
thereof, lying within such county, at a price that may be agreed upon 
by them and the owners of such turnpike or plank road ; and in case 
they are unable to agree with the owners thereof, upon such purchase 
and sale, they may appropriate the same; and for this purpose they 
shall cause an accurate survey and profile of such turnpike or plank 
road to be made, and shall file the same with the probate judge or 
court of common pleas of the county, and thereupon the same pro- 
ceedings shall be had as are now provided by law for the appropriation 
of private property by municipal corporations ; and upon payment of 
the agreed price, or, payment into court of the compensation assessed, 
the right to charge or collect toll shall thereupon cease, and the com- 
missioners shall use the fund created by section one (1) [§(4670-1)] 
of said act for that purpose. 

Sec. 4670-4. [Assessment.] When the commissioners make an 
appropriation of any turnpike or plank road as specified in the last 
preceding section, and fail to pay for the same within three months 
after the assessment of compensation shall have been made, as in said 
section provided, the right of the commissioners to make such appro- 
priation on the terms of the assessment so made, shall cease and 
determine; and the turnpike or plank road so appropriated shall be 
relieved from all incumbrance on account of the proceedings in such 
case, and the judgment or order of the court, directing such award or 
assessment to be paid, shall cease to be of any effect, except as to the 
costs assessed against the commissioners. 

Sec. 4670-5. [Engineer; bond; surveys, etc.; compensation.] 

When the commissioners determine to make any such improvement 
they shall employ a competent engineer to superintend the perform- 
ance and completion of said work, who shall enter into a good and 






LAWS RELATING TO AGRICULTURE. 231 

sufficient bond in a sum not less than one thousand dollars, to be ap- 
proved by the county commissioners, conditioned for the faithful per- 
formance of his duties hereunder. The engineer shall make all neces- 
sary surveys, profiles, estimates and specifications, and submit the 
same to the commissioners of said county for their approval, and the 
same shall be filed and preserved in their office. He shall receive such 
compensation for his services as is fixed by law for the compensation 
of the county surveyor for like services in other cases. 

Sec. 4670-6. [Advertisement.] Upon the approval of said sur- 
veys, profiles, estimates and specifications the commissioners of said 
county shall advertise for bids in some newspaper of general circula- 
tion in the county and shall let the contract for making such im- 
provement to the lowest and best bidder or bidders, who shall give 
such reasonable security for the proper performance of their contract 
within the time and in the manner prescribed therein, as the county 
commissioners may deem expedient. 

Act authorizing temporary loans in anticipation of proceeds of above act, 
see § (2824—1) R. S. 

Sec. 4670-7. [Improvement of certain public roads.] That in 
any county in [of] this state having not less than two hundred and 
twenty-five miles of improved graveled free roads, including any 
former toll-roads, where there is an unimproved county road or part 
thereof, not exceeding three miles in length, connecting two improved 
graded public roads or an improved part of one such public road 
with another such improved road or part thereof, such unimproved 
county road or part thereof may be improved by grading, graveling, 
draining and bridging, or by any of such operations, by the commis- 
sioners of such county in the manner provided in this act. 

Sec. 4670-8. [Petition; appointment of viewers; duties.] When- 
ever twenty or more landholders from three or more townships of 
any such county file with the commissioners thereof a petition for such 
improvement, naming the road or part thereof to be so improved, 
with its termini, said commissioners shall appoint three disinterested 
and judicious freeholders of the county as viewers of such road, who 
shall, after being duly sworn faithfully to perform their duties, secure 
a surveyor and proceed to view said road and ascertain the character 
and dimensions of the improvements which, in their judgment, should 
be made, make a careful estimate of the cost thereof, and make due 
return with proper detail drawings of the same to said commissioners. 

Sec. 4670-9. [Finding for improvement.] On such return of 
said viewers being made, said commissioners shall determine whether 
the proposed improvement, in their judgment, is of such a nature and 
general benefit as should in fairness be paid, [for] out of the county 
treasury, taking into consideration the benefits that such locality has 
derived from the bridge and other general funds of the county, in com- 
parison with other portions thereof; and if they are of the opinion that 
such improvement should be made, they shall so declare by resolu- 
tion. And thereupon they shall pass upon said report of said viewers 
as to the character and dimensions of such improvement, which they 
may modify, but not so as to increase the estimated cost thereof. 



232 LAWS RELATING TO AGRICULTURE. • 

Sec. 4670-10. [How improvement to be made; appointment of 
superintendent of work; compensation of superintendent, etc.] On 

the approval of said report of said viewers, either in its original form 
or as modified, said commissioners shall cause said improvement to be 
made under the supervision of a competent and disinterested person 
appointed by them as a superintendent of work; such superintendent 
shall be under their control and direction, and removal [removable] for 
cause at their pleasure, and shall receive for his services the sum of 
two dollars per day; and said viewers each shall receive for their like 
services a like sum; and the surveyor shall receive the compensation 
prescribed by law. Not more than one such improvement shall be 
made in any county in any period of two years. 

Sec. 4670-11. [Superintendent to furnish estimates.] Any such 
improvement shall be advertised, let and paid for, on estimates of 
the superintendent, approved by said commissioners, as it progresses, 
as if done under title 7, chapter 7, of the Revised Statutes of Ohio. 

Sec. 4670-12. [Bonds; tax levy.] Said commissioners may issue 
and sell, at not less than par, the bonds, of said county in sums of one 
hundred dollars, or multiples thereof, bearing interest not exceeding 
five per cent, per annum, and having not exceeding three years to run, 
payable principal and interest at the treasury of said county or at 
such point in the city of New York as may be designated therein, for 
the amount necessary to cover the cost of such improvement, which 
shall not exceed three thousand dollars per mile, and shall provide for 
the payment of such bonds by the necessary levies upon the grand 
duplicate of said county. Provided such bonds may be paid for out 
of the bridge fund or general road improvement fund, or both, and the 
levy for either or both of said funds may be increased above that now 
provided by law to the amount necessary to meet such expense. 

Sec. 4670-13. [To what other roads provisions of act shall 
apply.] The provisions of the foregoing act shall apply to any unim- 
proved county road which may be located upon or adjacent to any 
county line, upon condition that all the counties adjoining said road 
shall be such as are described in the foregoing act. Such road upon or 
adjacent to any such county line may be improved under the provi- 
sions of the foregoing act by the action of the joint board of commis- 
sioners of the two or more counties adjoining said road. In such case 
the petition therefor must be signed by twenty or more landholders 
from three or more townships of each county interested in said im- 
provement. Upon such petition so signed being filed with the auditor 
of either county so interested in said improvement, it shall be the 
duty of said auditor to call a session of the joint boards of commis- 
sioners of said counties to take action thereon ; and the said joint 
board shall have full jurisdiction to so construct and improve said 
road under the provisions of said act. The expenses of said improve- 
ment shall be apportioned between the counties interested therein [in] 
such proportion as may be deemed just and equitable by said joint 
board of commissioners. And each of said boards may issue and sell 
the bonds of their respective counties, as provided in section six of 
this act; the said bonds to be issued for a sum sufficient to pay the 
proportionate share of said costs allotted to each of said counties. 



LAWS RELATING TO AGRICULTURE. 233 

Sec. 4670-14. [Petition for improvement of roads; duties of com- 
missioners thereafter.] That when a majority of the resident owners 
of any real estate lying and being within one mile of any public road, 
shall present a petition to the county commissioners of any county 
in the state of Ohio, asking for [the] grading and improving of any 
such road, the board of county commissioners shall go upon the line 
of such road described in such petition, and if in the opinion of the 
county commissioners the public utility requires such road to be 
graded and improved, the commissioners shall determine whether the 
improvement shall be constructed of stone, gravel, or brick, any or all, 
and they shall determine what part or parts of such road improvement 
shall be of stone, gravel, or brick, any or all, and shall enter their deter- 
mination on their journal, and at the same time appoint an engineer to 
go upon the line of such road and make such markings, gradient lines, 
plat and profiles and estimates as such commissioners shall order in 
their entry on their journal, and order that the improvement be made, 
and at the same time said commissioners shall order that a portion 
of the cost and expense thereof, which shall not be less than one-half, 
nor more than two-thirds, of the total cost and expense thereof, shall 
be paid out of the proceeds of any levy or levies upon the grand dupli- 
cate of the county assessed against [which] the taxable property of 
any township or townships in which such road may be in whole or in 
part, as authorized by section 5 of this act. And shall also order that 
the balance of said cost and expense be assessed upon and collected 
from the owners of the said real estate, and from the real estate bene- 
fited thereby in proportion to the benefit to be derived therefrom by 
said real estate as determined by said commissioners. Said order shall 
also state the lands which shall be subject to be assessed for the cost 
and expense of said improvement, and whether the estimated assess- 
ment therefor shall be made before the improvement is commenced, or 
after the same is completed. 

(4670-14^) Sec. ia. [Joint action of county commissioners for 
improvement of county line roads.] When the road proposed to be 
improved is along the county line between two or more counties of 
this state, a copy of the petition certified to by the commissioners of 
the county in which the original is on file, shall be filed with the com- 
missioners of each of the several counties along the line of which the 
proposed road is to be improved. The several boards of county com- 
missioners shall go upon the line of such road at a time to be agreed 
upon by the boards and shall act jointly (in the same manner and form 
as though they were one and the same board), as provided in section 1, 
of an act to which this act is supplementary, excepting the expense 
shall be divided between the counties or townships thereof, along 
which such improvement may be in whole or in part, in the propor- 
tion as the distance along such township or county, bears to the 
whole distance to be so improved. And the amount of expense so fall- 
ing upon the several counties, or townships thereof, shall be assessed 
by the commissioners of said counties, separately, in the same manner 
and form as though the improvement was wholly in one and the same 
township, or county, as provided in section 1, of an act to which this 
act is supplementary. The counting of the signatures on the petition 
of residence of their respective counties, may be done separately, or 
jointly, at the will of the joint board. But a majority of all, as pro- 



234 LAWS RELATING TO AGRICULTURE. 

vided in section 1 of an act to which this act is supplementary, shall 
be sufficient for action thereon. And a majority of the joint board in 
favor of the improvement, shall be sufficient for the construction of 
the proposed improvement. . (O. L., v. 97, p. 267.) 

Sec. 4670-15. [Appointment of engineer.] After making such 
order for an improvement, the commissioners shall appoint a com- 
petent engineer to superintend the performance and completion of the 
work, who shall, under the directions and with the approval of said 
commissioners prepare and file the necessary plans, plats, profiles 
and specifications of the work. 

[Contract to be let to lowest bidder.] After such plans and speci- 
fications as the commissioners deem necessary are adopted, the work 
shall be publicly let by the county commissioners to the lowest re- 
sponsible bidder, who shall enter into bond with sufficient sureties, 
and in such amount as the commissioners shall approve and determine, 
conditioned for the faithful performance of said work. 

[Notice of letting.] Notice of such letting shall be first published 
for at least four weeks in some newspaper printed in the county and of 
general circulation therein, stating the nature and extent of the work 
and the time when said letting will be made ; or, if sealed bids are re- 
quired, when the same will be opened. The commissioners may let 
the work as a whole, or in convenient sections as they may determine. 
The commissioners may require a bond from each bidder in such sums 
as they may determine, with sureties to their approval, conditioned 
that if the contract be awarded on such bid, the bidder will enter into 
the contract and execute the bond, with approved sureties, for the 
faithful performance of the contract. The county commissioners may 
remove the engineer herein provided for at any time, and appoint 
another in his place. And they may, in their discretion, if in their 
judgment no reasonable bid is made for said work, refuse to accept any 
bid so made or to enter into such contract, but re-advertise the same. 

(4670-15(2) Sec. ia. The county commissioners of each of the 
several counties along which the proposed road improvement is to be 
built shall act jointly, in the same manner and form as provided in 
section 2 of an act to which this act is supplementary, excepting, all of 
the original papers shall be kept on file in the county in which the 
original petition is on file, and copies thereof certified to by the com- 
missioners of the county in which the original are on file, shall be filed 
with the commissioners of each of the other counties along which the 
proposed road is to be improved. And notice of the letting of the 
work shall be published in a newspaper printed in each of the counties, 
in the same manner as provided for such publication in section 2 of 
an act to which this act is supplementary. 

Sec. 4670-16. [Engineer to make an estimated assessment.] 

The said commissioners shall either before the said improvement is 
commenced, or after the same is completed, as they shall have de- 
termined at the time of ordering the improvement, order said engineer 
to make, upon actual view, and to report to said commissioners, an 
estimated assessment of the proportion of the cost and expense afore- 



LAWS RELATING TO AGRICULTURE. 235 

said upon the real estate to be charged therewith, or upon such real 
estate included in the descriptions and boundaries aforesaid, as in his 
judgment should be assessed, in proportion as nearly as may be to the 
benefits which may result from such improvement to the real estate 
so assessed, which assessment shall be filed with the county com- 
missioners, and kept in the auditor's office for public inspection. 

[Adoption of report, etc.] Before adopting the assessment so 
made and reported, the said commissioners shall publish notice for 
three weeks consecutively, in some newspaper of general circulation in 
the county, that such assessment has been made and the same is on 
file in the office of the, auditor for inspection; and if no objections are 
filed thereto within one week after the date of the last publication of 
said notice, the commissioners may confirm the same. 

[Objections to assessment.] If the owner of any property as- 
sessed objects to the assessment so made, he shall file his objections in 
writing with the said commissioners within one week after the date of 
the last publication of said notice, and thereupon the commissioners 
shall appoint three other disinterested freeholders, to act as an equal- 
izing board, who shall meet at the county auditor's office at a time to 
be fixed by the county commissioners, with power to adjourn from 
time to time, who shall hear and determine all objections to said as- 
sessment, equalize the same, or approve the assessment already made, 
as they shall deem just. They shall report their action to said com- 
missioners, who shall have power to confirm the same, or set the same 
aside and cause a new equalizing board to be appointed with like 
powers and qualifications. When said assessment is confirmed by 
the county commissioners, the same shall be final. The members of 
said assessing and equalizing board shall, before entering upon their 
duties, take an oath before a proper officer to faithfully, honestly and 
impartially discharge their duties in making or equalizing said as- 
sessments, and in either case a majority of the board shall have power 
to determine any question or matter before them. The equalizing 
board, or any of its members, shall have power to administer oaths 
to witnesses, and said board shall hear testimony for or against the 
parties filing exceptions as aforesaid. If any of the real estate to be 
assessed is subject to a life estate, the assessment made thereon shall 
be apportioned between the owner of the life estate and the owner of 
the fee in proportion of the relative value of their respective estates, 
to be ascertained upon the principles applicable to life annuities. 

(4670-16(3) Sec. 3a. [How improvement made.] Whenever 
c the proposed road improvement shall extend along the county line be- 
tween two or more counties of this state, all of the provisions of sec- 
tion 3 of an act to which this act is supplementary, shall apply to each 
of the several counties along which the road is proposed to be im- 
proved, excepting, all of the original papers, and copies thereof, shall 
be filed in the same manner as provided in section 2a of this act, and 
shall be kept on file in the auditor's office as provided in section 3 of an 
act to which this act is supplementary. The county commissioners of 
each of the counties shall have power to act separately to determine 
the amount of assessment, and to decide any objections thereto, on all 
property lying within their respective counties, in the same manner 



236 LAWS RELATING TO AGRICULTURE. 

and form as provided in section 3 of an act to which this act is sup- 
plementary. And all objections to the assessment shall be filed with 
the commissioners of the county in which the land lies. 

Sec. 4670-17. [Record of proceedings to be kept by auditor.] 

Said commissioners shall cause to be kept by the county auditor a 
full record of all the proceedings herein provided for, together with 
accurate accounts of the receipts and expenditures of money, under 
the provisions of this act; and all profiles, plats and specifications 
shall be filed and kept in the office of the County auditor; and no 
money shall be drawn from the treasury belonging to the fund raised 
under the provisions of this act, except to pay liabilities already ac- 
crued, and then only in pursuance of orders caused by the commis- 
sioners while in session as a board, to be entered upon the record of 
their proceedings, and by order drawn by the county auditor upon 
the county treasury in favor of the person to whom such money is 
due. 

(4670-170) Sec. 4&. [Record of proceedings to be kept by audi- 
tor.] The county commissioners of the county in which the original 
petition is on file shall cause the auditor of said county to keep a com- 
plete record of the proceedings in accordance with section 4 of an act 
to which this act is supplementary, excepting of the amount belonging 
to the other county or counties to pay, only the aggregate amount 
shall be required to be kept. And copies of all profiles, plats, and 
specifications, certified to by the commissioners, shall be filed with the 
commissioners of each of the other counties along the line of such 
proposed road improvement, to be kept on file by the auditor of each 
of said counties. And the auditor of each of the several counties shall 
keep an accurate account of the receipts and expenditures of money 
belonging to their respective counties under the provisions of this 
act. And no money shall be drawn from the treasury belonging to 
the funds raised by the provisions of this act except in compliance 
with the provisions of section 4 of an act to which this act is sup- 
plementary. (O. L., v. 97, p. 269.) 

Sec. 4670-18. ["Stone and gravel road building fund."] For the 

purpose of providing by general taxation a fund out of which not less 
than one-half nor more than two-thirds of the costs and expenses 
of all improvements made under the provisions of this act can be 
paid, the commissioners are hereby authorized to levy upon the tax- 
able property of any township or townships within the county in 
which such improved road is to be or has been constructed, not ex- 
ceeding ten mills in any one year upon each dollar of the valuation of 
the taxable property in such township or townships. And said levy 
shall be in addition to all other levies authorized by law, notwith- 
standing any limitation upon the aggregate amount of such levies 
now in force. The proceeds of the levy or levies hereby authorized 
to be made, shall be applied and used by the county commissioners 
in the construction of such stone and gravel roads, as the case may 
be, and for no other purpose, and these funds shall be expended under 
the direct orders and supervision of the county commissioners. All 
the proceeds of such stone and gravel road building levies and of the 
sale of any bonds under the provisions of this act, shall be placed to 



LAWS RELATING TO AGRICULTURE. 237 

the credit of a fund to be called "the stone and gravel road building 
fund," out of which shall be paid all the costs and expenses of said 
improvement, including the expenses of the preliminary view and 
survey and the fees of the engineer and auditor, but the auditor shall 
keep a separate account of each different improvement in a book to 
be kept for that purpose. 

(4670-18(7) Sec. 5a. [Tax levy.] Whenever the proposed road 
improvement extends along the county line between two or more 
counties of this state, the county commissioners of each county, along 
which such road is proposed to be improved, are hereby authorized to 
levy a tax for the payment of all costs and expenses belonging to 
their respective counties under the provisions of section ia of this act, 
and in compliance with the provisions of section 5 of an act to which 
this act is supplementary. 

Sec. 4670-19. [Bonds may be issued.] The commissioners are 
hereby authorized, whenever in their judgment it is desirable, to sell 
the bonds of any such county in which such improvement is to be 
or has been constructed to any amount necessary to pay, of the costs 
and expenses of such road improvement the respective shares of such 
township or townships and of the land owners whose lands therein are 
benefited by such road improvement, as provided in the preceding 
section ; said bonds to state for what purpose issued, to bear interest 
at a rate not in excess of five per cent, per annum, payable semi-an- 
nually, to mature in not more than ten years after their issue, in 
such amounts and at such times as the commissioners shall determine, 
but not more than one-fifth of the principal of said bonds shall mature 
in any one year, and they shall be sold according to law and for not 
less than par and accrued interest; the proceeds of such bonds to be 
applied and used exclusively for the payment of the expenses and cost 
of construction of such stone or gravel road improvement, and the 
levy for the payment of the principal and interest of such bonds may 
be in addition to any levy now authorized by law. 

(4670-190) Sec. 6a. [Bonds may be issued.] Whenever the 
proposed road improvement extends along the county line between 
two or more counties of this state, the provisions of section 6 of an 
act to which this act is supplementary, are hereby extended to each of 
the respective counties along which such road improvement is pro- 
posed. And the county commissioners of each of such counties are 
hereby authorized to act under, and in compliance with said section 6. 

Sec. 4670-20, [When person signs both petition and remon- 
strance; costs.] If it appear that any person who signed the petition 
asking for such road improvement afterwards signed a remonstrance, 
so that by counting such person remonstrator instead of petitioner the 
object and prayer of such petition will be defeated, the person who is 
both petitioner and remonstrator shall be held liable, and shall pay all 
costs growing out of the presentation of the petition and the proceed- 
ings had thereon ; and if the costs are not paid within thirty days after 
the dismissal of further proceedings in the case, the auditor shall tax 
the costs against such" person, and if there is more than one such per- 
son, the auditor shall apportion the costs among such persons in the 



238 LAWS RELATING TO AGRICULTURE. 

proportion of the appraised value of their several lands for taxation 
that are within one mile of the route on which the improvement was 
prayed for, and shall place the same on the grand duplicate for collec- 
tion, to become due and payable at the next December collection of 
taxes thereafter; and the same penalties shall attach and the same pro- 
ceedings shall be had in the collection as in delinquent state and coun- 
ty taxes. 

(4670-200) Sec. 7a. [When person signs both petition and re- 
monstrance.] Whenever the proposed road improvement extends 
along the county line, between two or more counties of this state, the 
provisions of section 7 of an act to which this act is supplementary, 
are hereby extended to each of the counties along which the road is 
proposed to be improved. 

(4670-20&) Sec. 8a. [Joint action for improvement of state line 
roads.] Whenever the proposed road improvement extends along the 
line between this state and any other state, or states, having just and 
adequate laws to provide for the payment of such a share of the ex- 
pense as would fall upon such state or states under the provisions of 
section 1 of this act, the county commissioners of any county or 
counties along which such road is proposed to be improved, "are 
hereby authorized to act jointly with, the legally authorized authori- 
ties of such state or states, in the same manner and form as is pro- 
vided in this act for county line roads. 

(4670-20C) Sec. 9. [Share of expense to be equitable.] No town- 
ship or county shall be held for more than its just and equitable share of 
expense under the provision of section 1 of this act, for the improve- 
ment of either county or state line roads. (O. L. v. 97, p. 267.) 



TOWNSHIP ROADS. 

(4670-20C.) Sec. 9. [Share of expense to be equitable.] No 

township or county shall be held for more than its just and equitable 
share of expense under the provision of section 1 of this act, for the im- 
provement of either county or state line roads. (O. L., v. 97, p. 267.) 

Sec. 4672. [Petition for township road, and notice.] If any 

person, for the convenience of himself and neighbors, wishes to have 
a township road laid out from the plantation or dwelling-place of any 
person, or from any mill or house of public worship, or to any ceme- 
tery or burial-ground, or to a public road, or from one public road to 
intersect another, or from any tract of wild land or timber land, or 
from any stone quarries, coal mines or mineral lands other than pe- 
troleum or natural gas lands to a railroad or railroad station, or from 
any railroad station, to a township, county, or state road, or saw-mill, 
he may petition the trustees of the proper township, after giving 
thirty days' previous notice thereof, by advertisement posted up in 
three public places within the township, setting forth therein the 
time when the petition is to be presented, the place of beginning, in- 
termediate points, if any, and the place of termination of the road. 



LAWS RELATING TO AGRICULTURE. 239 

Sec. 4673. [Petition for township road; bond required.] On 
such petition being presented to the trustees, a majority of whom shall 
constitute a quorum for the transaction of all business of which they 
have jurisdiction, and they being satisfied that proper notice has been 
given, as aforesaid, they shall cause the petitioner to enter into bond 
with sufficient surety, payable to the state, for the use of the town- 
ship, and conditioned that the person or board of education making 
such application shall pay into the treasury of the township the 
amount of all costs and expenses accruing thereon in case the appli- 
cation shall fail ; and in case the application shall not fail the trustees 
may, in their discretion, order the petitioner to pay any or all costs 
and expenses of such application, or may pay all or any portion there- 
of out of the township treasury. 

Sec. 4674. [Appointment, and duties of road viewers.] The 

petition shall be read in open meeting of the trustees, and they being 
satisfied that such proposed road is necessary, shall appoint three 
judicious, disinterested landholders of the township, who shall con- 
stitute a jury, and a surveyor, who shall, after taking the oath re- 
quired by section foriy-six hundred and forty-six, take to their assist- 
ance two chain carriers, and a marker, and proceed, at the time di- 
rected by the trustees, or within three days thereafter, to view the 
ground along which the road is proposed to be established, and locate 
the same as near the line named in the petition, as a good road can be 
had at a reasonable expense, and determine, according to the provi- 
sions of section forty-six hundred and forty-two, the compensation which 
shall be paid to the owner of the land through which it is pro- 
posed to establish the same, and the amount of damage he may sus- 
tain. 

Sec. 4675. [Claims for damages.] The provisions of chapter 
two, as to notice to land-owners, and the manner of claiming compen- 
sation and damages, shall apply in all applications relating to town- 
ship roads. 

Sec. 4676. [Report of viewers.] The viewers shall make a 
report in writing to the trustees, setting forth their opinion in full 
for or against the establishment of such road, and if in favor of the 
establishment of the road, the report shall state the width to which it 
shall be opened, which shall not be less than sixteen nor more than 
sixty feet, together with a statement of the damages, if any, assessed 
to each person through whose land the road is proposed to be estab- 
lished, which report, together with a return and plat of the survey of 
the road, shall be deposited with the township clerk, who shall notify 
the trustees thereof. 

Sec. 4677. [Proceedings of trustees on report of viewers of 
township road.] The trustees shall, at their next meeting, cause the 
report to be read, and, if the same be in favor of establishing the 
road, and the trustees deem it reasonable and just, they being satis- 
fied that the compensation and . damages, if any have been claimed 
and assessed, are just and equitable, and that the road will be of suffi- 
cient importance to the public to cause the same to be paid by the 
township, they shall order the same to be paid to the person or per- 



240 



LAWS RELATING TO AGRICULTURE. 



sons entitled thereto from the township treasury ; but if, in the opinion 
of said trustees, the road is not of sufficient importance to the public 
to cause the same to be paid by the township, they may refuse to 
establish such road unless the compensation and damages which 
have been allowed and assessed are paid by the petitioner, or said 
trustees may, in their discretion, order a portion of such compensa- 
tion and damages to be paid out of the township treasury, and require 
the petitioner to pay the remainder thereof before such road is 
opened; and the trustees shall order the clerk of the township to enter 
the report on record and issue their order to the petitioners or any 
of them, or to the proper supervisor where it is made his duty to open 
such road, to open the road to the width named in the report of the 
viewers, and the same shall be considered a private or township road, 
subject to be kept open and in repair at the expense of the applicants 
for the same, or otherwise as provided by law; but if the viewers 
report that the prayer of the petitioners is unreasonable and ought 
not to be granted, no further proceedings shall be had therein by the 
trustees; and all costs accruing under this section shall be paid by the 
persons making application for the road, except as herein provided. 

Sec. 4678. [Repair of township roads; costs.] A township road 
which commences in a state, turnpike, township, or county road, or at 
a railroad station, and is not less than thirty feet in width, and passes 
on and intersects another state, turnpike, county or township road, 
shall be opened, and kept in repair by the road superintendent in whose 
district it may be situated, in whole or in part, and the costs of the 
view and survey of such road shall be paid out of the township treas- 
ury. (O. L. v. 98, p. 335.) 

Sec. 4679. [When the road is in two townships.] When the 
route of a proposed township road is along a dividing line between 
two townships, or crosses such dividing line, the person intending to 
apply for the road shall notify the trustees of both townships of his 
intention and on receiving such notice, the trustees of the two town- 
ships shall appoint some time and place at which they will meet in 
joint board; and the time fixed for the meeting shall be so arranged 
that the applicant will have ample time to give the requisite thirty 
days' notice, as required in section forty-six hundred and seventy-two, 
which notice shall be given in both townships, and shall state the 
time and place of meeting of the joint board of trustees. 

Sec. 4680. [How joint board to proceed.] The joint board of 
trustees when so met, shall be governed by the provisions of this 
chapter, and if they grant a view and survey, they shall appoint a 
time and place when and where they shall meet to receive the report 
of the viewers and surveyors ; and the proceedings at such meetings 
shall be recorded in both townships, and in case of an appeal, the ap- 
pellant shall be governed in all respects by the provisions of the pre- 
ceding sections, except that he shall be required to enter into bond in 
both townships in which a part of the road is located. 

Sec. 4681. [Width of road may be changed.] Township trus- 
tees of the several townships shall have power to increase or reduce 
the width of any of the township roads within their respective town- 



LAWS RELATING TO AGRICULTURE. 241 

ships, but the same shall not be widened beyond the maximum limit, 
or narrowed to less than the minimum limit fixed by law for such 
roads. 

Sec. 4682. [Proceedings therefor.] Before a township road 
shall be increased in width as provided in the foregoing section,, the 
same proceedings shall be had, in all respects so far as the same may 
be applicable, as are herein required for the laying out, opening, and 
establishing of such township road ; and before any township road 
shall be reduced in width, as provided in the foregoing section, the 
same proceedings shall be had, in all respects, so far as the same may 
be applicable, as may be required in regard to the vacation of town- 
ship roads. 

Sec. 4683. [Vacation.] When a township road becomes use- 
less, any one or more residents of the township may, after giving the 
notice required in section forty-six hundred and seventy-two, petition 
the trustees to vacate such road, and if the trustees are satisfied that 
the proper notice has been given, and no injustice will be done there- 
by, they shall, at their next regular meeting, declare the same vacated, 
and give notice thereof to the township clerk, who shall enter the 
same on the records of the township ; but any person in the township 
feeling aggrieved, shall have a right to appeal from the final decision 
of the trustees to the probate court in like manner as provided in 
chapter four. 

Sec. 4684. [Alteration.] The trustees of any township are au- 
thorized, upon petition for that purpose, to alter or change the direc- 
tion of any township road in their respective townships, in such man- 
ner as shall be reasonable and as the public convenience may require. 

Sec. 4685. [Proceedings therefor.] Upon application for an 
alteration or change in any township road, the same proceedings shall 
be had by and before such trustees in all respects as required by sec- 
tion forty-six hundred and seventy-two. 

Sec. 4686. [Are public highways; Washington township, Pick- 
away county.] All township roads heretofore or hereafter estab- 
lished are hereby declared to be public highways ; provided, that in 
townships which by the federal census of 1890 had, or by any subse- 
quent federal census may have a population of 1,140, in counties which 
by the last federal census had, or by any subsequent federal census 
may have a population of 26,959, all roads which commence in an 
established road and pass on and intersect another established road, 
and which have been open and used by the public for more than 
twenty-one years as public highways shall be considered township 
roads, and shall be kept in repair by the supervisors, the same as 
other established roads and highways. 

Sec. 4686-1. [Submission of road and street improvement ques- 
tion to electors of township.] The trustees of any township in this 
state shall, when the petition of one hundred or more of the tax-payers 
of such township is presented to them, praying for the improvement 
of the public roads within such township and including any road run- 

16-F. -£L B. 



242 LAWS RELATING TO AGRICULTURE. 

ning into or through any village or city, submit the question of the 
improvement of said roads to the qualified electors of such township 
at the next general election or at a special election, held after the 
presentation of such petition. 

Sec, 4686-2. [Form of proposition and ballot.] The qualified 
electors of such township shall at said election have submitted the 
policy of the improvement of its public roads by general taxation. 
Those voting in favor of such proposition shall have on their ballot, 
"Road improvement by general taxation — yes", and those opposed, 
"Road improvement by general taxation — no." The township trus- 
tees shall cause notice of said election to be published in two news- 
papers in general circulation, if such are printed in said township, 
for at least ten days, and shall also cause hand bills, announcing the 
same, to be posted at the usual places of holding elections, at each 
precinct in such township at least ten days previous to such election. 

Sec. 4686-3. [Appointment, duties and compensation of judges 
and clerks; conduct and returns of election.] The trustees of such 
township shall appoint three judges and two clerks for each precinct 
therein, who shall conduct such election in like manner as is by law 
provided for holding other elections, and who shall within three days 
thereafter return to the clerk of said township a full and correct ab- 
stract of the votes cast at such election, and shall be governed in all 
respects by the laws regulating general elections, and shall receive the 
same compensation as judges and clerks of other elections, which shall 
be paid out of the township funds, under the order of the township 
clerk. The poll-book and abstract so returned to the township clerk, 
shall within five days thereafter, be opened by the township trustees 
and clerk and a correct statement of the result shall be entered upon 
the records of the township by the clerk for public inspection. 

Sec. 4686-4. [Result of negative vote ; resubmission of question.] 

If at such election a majority of the votes cast are against the policy 
of improving the roads by general taxation, the township trustees 
shall not assess any taxes for that purpose ; but they shall, when a like 
petition is thereafter presented to them, again submit the same ques- 
tion at the next annual election, to the qualified voters of such town- 
ship, notice of which shall be given and the election conducted, in all 
respects, in the manner hereinbefore prescribed. 

Sec. 4686-5. [Appointment, qualifications and term of commis- 
sioners.] If, at such election, a majority be found in favor of the 
policy of the improvement of the public roads of such township by 
general taxation, the trustees of such township shall appoint three 
freeholders as commissioners, who shall serve three years from and 
after the date of their appointment, and in the event of a vacancy 
occurring upon such board, from any cause whatsoever, such vacancy 
shall be filled by appointment for the unexpired term by the trustees. 
Such commissioners shall designate and determine the established 
roads and streets in such township which shall, in their opinion, be 
improved. The commissioners shall call to their assistance a compe- 
tent engineer, who shall make a correct map of such township, plainly 
showing the established roads and streets in such township which 



LAWS RELATING TO AGRICULTURE. 243 

have been by such commissioners designated for such improvement; 
also, profiles of such roads and streets showing the grade thereof, 
as they then exist or have been established, which he shall turn over 
to the custody of the township clerk. 

Sec. 4686-6. [Oath and compensation of commissioners.] The 

commissioners so appointed shall, before entering upon the discharge 
of their duties, take an oath or affirmation, to honestly and impar- 
tially discharge their duties with a view to the public welfare and shall 
serve without compensation. The engineer shall receive such sum, 
not to exceed four dollars per day, as he may, with the commission- 
ers agree upon. The compensation of the engineer shall be paid out 
of the township funds, upon the order of the township clerk, after al- 
lowance by the township trustees. 

Sec. 4686-7. [Order of improvement.] After the report of the 
commissioners, and the map and the profiles have been filed with the 
township clerk, the township trustees shall, in determining which road 
shall be first improved, of those designated by the commissioners, 
select those nearest the center line of such township, north and south, 
and if, in their opinion, it is not expedient to improve all roads in all 
directions at one time, they shall proceed to improve the roads which 
in their opinion are the most traveled and used, within such township. 

Sec. 4686-8. [Record of proceedings and account of receipts and 
expenditures.] The trustees shall cause to be kept by the township 
clerk in a book, to be provided by them for that purpose, a full and 
correct record of their proceedings under this act, relating to the 
matter of improving roads within such township ; and also an accurate 
separate account of receipts and expenditures under its provisions; 
and no money raised for the improvement of public roads and streets 
shall be drawn from the treasury, except for liabilities already accrued, 
and then only in pursuance of orders cause (issued) by the trustees, 
whilst in session as a board, and be entered on the record of their 
proceedings, and by orders drawn in pursuance thereof by the town- 
ship trustees, upon the township treasurer, and in favor of persons 
only to whom the money is due. 

Sec. 4686-9. [Award of contracts.] When the township trus- 
tees have by resolution determined to improve a designated road, the 
work of its construction shall, be by them publicly let to the lowest 
responsible bidder, after notice gfiven of such letting by publication in 
one or more newspapers, if published in such township, and by hand- 
bills judiciously posted, at least fifteen days before the letting of the 
contract. 

Sec. 4686-10. [Specifications.] For the purpose of letting con- 
tract, the trustees shall cause each road and street about to be im- 
proved, to be divided into suitable sections, and the sections num- 
bered from the point of beginning:, toward the township line, and 
shall let the same by sections. All contracts shall be let upon proper 
specifications of the various kinds of labor required upon each section 
and also the material, which shall enter into the construction of the 
same. Bidders shall be required to separately state their bids for 
each class of work, in such manner as the trustees may demand, and 
shall also bid separately for the material to be furnished. 



244 LAWS RELATING TO AGRICULTURE. 

Sec. 4686-11. [Bond of contractor.] Contractors shall be re- 
quired to give bond in amount at least equal to the contract price, 
with sufficient security for the faithful performance of his contract, 
payable to the township trustees, for the use and benefit of such town- 
ship, and with the necessary stipulations on part of the contractor, and 
specifications of the work and material inserted therein. 

Sec. 4686-12. [Point where construction to begin; payment for 
work.] In all cases the construction of such roads and streets shall 
commence at the point designated by the trustees, and no payment for 
work shall be made except upon the estimates made by the superin- 
tendent of improved roads, appointed by the trustees, and by him duly 
certified, for the work actually done, and for material actually fur- 
nished, after reserving such per cent., not less than fifteen, as may be 
fixed by the parties to the contract, to guarantee the performance 
thereof. (O. L., v. 97, p. 55Q-55 2 -) 

Sec. 4686-13. [Specifications as to improvement; bridges and 
culverts; county commissioners and township trustees may jointly 
improve county or township road.] No road or street shall be im- 
proved under the provisions of this act which is less than thirty feet 
in width, and shall be graded at least twenty feet in width; shall be 
turnpiked with earth so as to drain freely to the sides, and may be 
paved with brick, macadamized, raised with stone or gravel not more 
than sixteen feet in width, and not less than twelve inches thick in 
the center, nor less than eight inches thick at the outer edge of said 
bed of stone, and gravel well compacted together in such manner as 
to secure a firm, even and substantial road. In no case shall the 
grade, or ascent, or descent of the road be greater than seven degrees. 
The roads and streets shall be well provided with the necessary side 
drainings, wasteways, and under drains, to prevent overflowing or 
washing of water; and the commissioners of the county in which such 
township is located, shall, upon application of the township trustees, 
cause the necessary bridges and culverts on said roads to be con- 
structed or reconstructed in a substantial manner so as to conform 
to the grade of the improved road. Provided, that nothing in this 
section contained shall be construed so as to compel the county com- 
missioners to construct any bridge which in their judgment could be 
avoided by a reasonable change in the road, or construct any bridge, 
when for the time being, on account of the financial condition of the 
bridge fund, they can not in their judgment, do so, without neglect- 
ing the needed repairing or construction of other bridges of greater 
public importance ; and further provided that the county commission- 
ers of any county and the township trustees of any township in the 
state of Ohio are hereby authorized and empowered to improve any 
county or township line road or public highway by jointly agreeing in 
regard thereto, and paying for said improvement under any plan and 
specifications authorized by law for road improvement in any county 
and township in the state of Ohio. (O. L. v. 98, p. 155.) 

Sec. 4686-14. [Free turnpikes; regulation of width of tires.] All 

<-oads improved under the provisions of this act shall be free turn- 
pikes ; but the trustees of any such township shall have the same pow- 
er to regulate the width of the tires to be used on such roads and 



LAWS RELATING TO AGRICULTURE. 245 

streets as is conferred upon the county commissioners in section 4904 
of the Revised Statutes of Ohio, and the penalties provided in section 
4905 of said statute, shall be applicable and imposed for any violation 
of the rules adopted by such trustees regulating the travel upon such 
improved roads and streets. 

Sec. 4686-15. [Employment, compensation, oath and bond of 
superintendent of the improved roads.] Before entering upon the 
improvement of any roads, under the provisions of this act, the trus- 
tees of any such township shall employ some competent engineer, who 
shall be known as superintendent of the improved roads, and who shall 
be paid not more than four dollars per day for the time actually em- 
ployed, out of the funds raised for the improvement of roads and 
streets. He shall, before entering upon his duties, take and subscribe 
an oath or affirmation to faithfully and honestly discharge his duties, 
and shall give bond in the sum of two thousand dollars, payable to 
the trustees for the use and benefit of said township, conditioned that 
he shall faithfully and honestly discharge his duties, all and singular 
as superintendent of improved roads of such township ; and for the 
duties performed under the provisions of this act, the trustees shall, 
upon filing an itemized statement to the clerk of such township, as pro- 
vided in section 1530, Revised Statutes, as amended April 21, 1890, 
receive two dollars per day in addition to the fees allowed in section 
1530, for other services rendered for the time actually employed, and 
such compensation shall not in any one year exceed the sum of one 
hundred dollars each, for the services performed under this act; and 
the trustees shall allow the township clerk for services performed 
under this act a reasonable compensation, not to exceed one hundred 
dollars in any one year. 

Sec. 4686-16. [Duties and powers of superintendent; payment 
for work or material, etc.] It shall be the duty of the superintendent 
of improved streets and roads, of any such township, to prepare all 
plans, profiles, specifications, and to determine the grade of any road 
or street about to be improved by the trustees of such township, when 
by them directed so to do ; and all work done on said roads or streets 
shall be under his supervision, and all material shall be inspected by 
him, and both shall be subject to his approval. No payment shall be 
made for any work or material except upon his estimates and certifi- 
cate that the same is in compliance with the contract. He shall make 
and furnish to the parties in interest, estimates for the work done and 
material furnished, at such times, as the contract may provide, and 
may employ such assistance as he may require, first having had the 
consent of such trustees thereto, who shall receive such compensa- 
tion as the township trustees may allow. (O. L., v. 97, p. 553-554.) 

Sec. i6«. (R. S. 4686-16(7.) [Submission to vote of electors of 
question of no further levy for road improvements under 92 O. L. 
63-68.] The trustees of any township in this state in which free turn- 
pikes have been heretofore constructed under the provisions of this 
act, shall, when the petition of twenty-five [per cent.] or more of the 
taxpayers of such township, including any village therein, is presented 
to them praying that no further levy be made under the provisions of 
this act, submit the question of making no further levy under the pro- 






246 LAWS RELATING TO AGRICULTURE. 

visions of this act to the qualified electors of such township and such 
village, at the next general election held after the presentation of such 
petition. The qualified electors of such township and village shall, 
at said election, have submitted to them the policy of making no 
further levy under the provisions of this act. Those voting in favor 
of such proposition shall have on their ballots, "No further levy for 
road improvements under 92 O. L. 63-68, — Yes," and those opposed 
"No further levy for road improvements under 92 O. L. 63-68, — No." 
The township trustees shall cause notice of said election to be given as 
provided in section 2 of this act, and the provisions of section 3 of this 
act shall be applicable to such election. If at such election, a majority 
of the votes cast are in favor of no further levy for road improvements 
under the provisions of 92 O. L. 63-68, the township trustees shall 
thereafter make no further levy under the provisions of this act; and 
if a majority of the votes cast are against no further levy under the 
provisions of 92 O. L. 63-68, the township trustees shall proceed to 
levy under the provisions of this act in the same manner as before such 
election. (O. L. v. 98, p. 284.) 

Sec. 4686-17. [Issue of bonds.] For the purpose of providing 
the money necessary to meet the expenses of improving such roads 
and streets the trustees of any township may, if in their opinion it be 
advisable, issue the bonds of the township, payable at such times as 
they may determine, not exceeding thirty years, in the sum of five 
hundred dollars each, bearing interest at a rate not to exceed six per 
centum per annum, payable semiannually; and such bonds shall not 
be sold for less than their par value, and accrued interest, and the 
aggregate amount of the bonds of any township, at any one time 
outstanding, shall not exceed fifty thousand dollars. The sale of 
such bonds shall be advertised for at least thirty days and the same 
sold to the highest bidder, at the office of the trustees of such town- 
ship. 

Sec. 4686-18. [Annual tax to pay for improvement, redeem bonds 
and pay interest.] When the trustees of any such township have de- 
termined to improve any road, as herein provided, in order to provide 
for the payment of such improvement and to provide a fund for the 
redemption of any bonds issued by them under the provisions of sec- 
tion seventeen of this act, together with the interest thereon, they 
shall, in addition to the other road taxes authorized by law to levy an- 
nually upon each dollar of valuation of all taxable property of such 
township an amount not exceeding three mills upon each dollar of 
such valuation, and shall continue such levy from year to year until 
all the roads and streets by said commissioners designated for im- 
provements have been improved, as herein provided, and the bonds is- 
sued for that purpose, together with interest thereon, have been 
paid. 

Sec. 4686-18(7. [Submission of question of increased tax levy.] 

The trustees of any township in this state, in which free turnpikes 
have been heretofore constructed under the provisions of this act, 
shall, when the petition of one hundred or more of the taxpayers 
of such township, including any village, therein, is presented to them 
praying for an increase of tax levy for the improvement of public 



LAWS RELATING TO AGRICULTURE. 247 

roads and streets of such township and village, submit the question 
for an increase of tax levy for the improvement of public roads and 
streets to the qualified electors of such township and such village, at 
the next general election held after the presentation of such petition. 
The qualified electors of such township and village shall, at said elec- 
tion, have submitted to them the policy of an increase of tax levy for 
the improvement of its public roads and streets by general taxation. 
Those voting in favor of such proposition shall have on their ballots, 
"Increase of tax levy for road improvement by general taxation — 
Yes," and those opposed, "Increase of tax levy for road improvement 
by general taxation — No." 

[Notice of election.] The township trustees shall cause notice 
of said election to be given in the same manner as provided in section 
4686-2 of this act, and the provisions of section 4686-3 of this act shall 
be applicable to such election. If at such election a majority of the 
votes cast are in favor of an increase of tax levy for road improvement 
by general taxation, the township trustees shall levy annually upon 
each dollar of valuation of all the taxable property of such township, 
including such village, an amount not exceeding six mills upon each 
dollar of valuation, as provided in section 4686-18 of this act; and if a 
majority of the votes cast are against an increase of tax levy for road 
improvement by general taxation, the township trustees shall not levy 
a tax in excess of that which they were authorized to levy before 
such election was held; 

[Resubmission of question.] But they shall, when a like petition 
is hereafter presented to them, again submit the same question, at the 
next general election held after the presentation of such petition, to 
the qualified voters of such township, including such village, notice 
of which shall be given and the election conducted, in all respects, in 
the manner hereinafter prescribed. 

' Tins section is practically superseded by section 4686-19. 

Sec. 4686-18(2$. [Submission of question of increased tax levy for 
improvement of roads.] The trustees of any such township, in this 
state, shall, when the petition of one hundred or more of the taxpayers 
of such township, including any city or village, therein, is presented 
to them praying for an increase of tax levy for the improvement of 
public roads and streets of such township and city or village, submit 
the question for an increase of tax levy for the improvement of public 
roads and streets to the qualified electors of such township and such 
city or village, at the next general election or at a special election 
held after the presentation of such petition. The qualified electors of 
such township, and city or village shall, at said election, have sub- 
mitted to them the policy of an increase of tax levy for the improve- 
ment of its public roads and streets by general taxation. Those vot- 
ing in favor of such proposition shall have on their ballots, "Increase 
of tax levy for road improvement by general taxation — yes," and 
those opposed, "Increase of tax levy for road improvement by general 
taxation — no." 

[Notice of election.] The township trustees shall cause notice of 
said election to be given in the same manner as provided in section 2 
of this act, and the provisions of section 3 of this act shall be appli- 



248 LAWS RELATING TO AGRICULTURE. 

cable to such election. If at such election a majority of the votes 
cast are in favor of an increase of the tax levy for road improvement 
by general taxation, the township trustees shall levy annually upon 
each dollar of valuation of all the taxable property of such township, 
including such village or city, an amount not exceeding six mills upon 
each dollar of valuation, as provided in section 18 of this act, and if 
a majority of the votes cast are against an increase of tax levy for road 
improvement by general taxation, the township trustees shall not levy 
a tax in excess of that which they were authorized to levy before 
such election was held ; but they shall when a like petition is herein- 
after presented to them, again submit the same question, at the next 
general election held after the presentation of such petition, to the 
qualified voters of such township, including such village or city, no- 
tice of which shall be given and the election conducted, in all respects 
in the manner hereinafter prescribed. 

Sec. 4686-19. [Certification and collection of taxes.] The trus- 
tees of any such township shall cause the amount of taxes by them 
levied each year, under the provisions of sections 18 or 19 of this act, 
to be certified to the auditor of the county, in which it is located, as 
other taxes are certified to him, and the same shall be by him placed 
upon the duplicate of the taxable property of such township and the 
same shall be collected by the treasurer of said county as other taxes 
are collected. 

Sec. 4686-20. [Provisions for repairs.] The trustees of any such 
township shall provide for the keeping in repair of such improved 
roads and streets and for that purpose the provisions of sections 4891, 
4892 and 4893, and any amendments thereto of the Revised Statutes 
are made applicable to such township. 

Sec. 4686-21. [Annual tax for repairs.] To provide a fund for 
the keeping in repair of such improved roads and streets the trustees 
of such township may levy annually an amount not to exceed one-half 
of one mill upon each dollar of the valuation of all the taxable prop- 
erty in such township in addition to other road taxes by them levied. 

Sec. 4686-22. [Duties and fees of township treasurer.] The 

treasurer of any such township shall receive and disburse all money 
arising from the provisions of this act. He shall receive as compen- 
sation therefor one-half of one per centum of the first ten thousand 
dollars, or less, distributed in any one year, and one-fourth of one per 
centum of any amount in excess of ten thousand dollars, to be paid out 
of the township funds, and he shall receive no other compensation for 
services rendered under this act. 

Sec. 4686-23. [Exemption from taxation.] No taxes or assess- 
ments shall be levied upon any property in such township by the 
county commissioners of the county in which it is located, under the 
provision of chapters 6, 7, 8, title 7 of the Revised Statutes of Ohio, 
after any public roads thereof have been improved under the provi- 
sions of this act. 



LAWS RELATING TO AGRICULTURE. 249 

Sec. 4686-24. [Application of cost where improvements made on 
assessment plan.] That in all cases where roads or streets have been 
heretofore improved or shall be hereafter improved by being graded 
or macadamized or paved on the assessment plan, and paid for, or in 
the process of being paid for, by abutting property owners, that the en- 
tire cost of improvement herein provided for such width as may be 
designated by the commissioners, and at such time as such commis- 
sioners may designate such roads for improvement shall be paid to the 
treasurer of the township, city or village, as the case may be, and the 
money so paid shall be by him applied to the payment of outstanding 
bonds issued for said improvement. 

Sec. 4686-25. [Restrictions on annual improvement and issue of 
bonds.] That not to exceed five miles of road and street shall be im- 
proved in any one year, and that in no event shall the bonds herein 
authorized to' be issued for a sum greater than is required to pay 
the cost of the improvement of roads and street for the current year. (O. 
L-, v. 97, p. 556.) 

Sec. 4686-26. [Improvement of dedicated street, etc., by town- 
ship trustees; appropriation of real estate therefor.] Upon the pre- 
sentation of a petition therefor, signed by the owners of a majority of 
the feet front abutting on any dedicated street, alley, or avenue, as 
set forth in any plat or map of record in the recorder's office of any 
county and when said dedicated street, alley or avenue, is not within 
the limits, or subject to the control of any municipal corporation, the 
trustees of the township wherein said street, alley or avenue is sit- 
uated, are hereby authorized and required to open, extend, widen and 
straighten said street, alley or avenue, in such manner as may be indi- 
cated on the recorded plat or map which dedicates said street, alley or 
avenue, and shall appropriate, enter upon and hold any real estate 
within the township necessary for such purpose, regardless of any 
other public use of said real estate. 

Sec. 4686-27. [Proceedings for appropriation.] The trustees of 
any township upon receiving the petition, as provided in section one 
(1) [§(4686-26)] hereof, shall immediately make application to the 
probate court of the county, as provided in section 2236 of the Revised 
Statutes of Ohio, and thereafter, as far as practicable, the proceedings 
shall conform to, and be had under the provisions of sections 2236 to 
2261, inclusive, of the Revised Statutes of Ohio. 

Sec. 4686-28. [Compensation of trustees; assessments upon abut- 
ters ; payment of assessments ; collection of unpaid assessments ; appli- 
cation of moneys; power of county treasurer.] The trustees shall re- 
ceive reasonable compensation for their services, which shall not 
exceed in any case the sum of twenty-five dollars each, which, with 
all costs and expense of constructing said improvement, together with 
the interest on any bonds issued by the trustees for the same, shall be 
levied and assessed upon each front foot of the lots and lands abutting 
on each side'of the street, alley or avenue to be improved, and shall be 
a lien from the date of the assessment upon the respective lots or par- 
cels of lands assessed; said assessment shall be payable in five (5) an- 
nual payments, and shall be paid to the township treasurer; and the 
option of paying his portion of such assessment in full within a period 



250 LAWS RELATING TO AGRICULTURE. 

of twenty (20) days from the date of the levy thereof, shall be given to 
each of the property owners, but no notice to the property owners of 
such option shall be necessary. The township treasurer shall, on or 
before the second Monday of September annually, certify all unpaid 
assessments to the county auditor, and the same shall be placed on the 
tax list, and shall be, with ten (10) per cent, penalty to cover interest 
and costs of collection, collected by the county treasurer in the same 
manner as other taxes are collected, and when collected he shall pay 
the same to the township treasurer; and all moneys received by the 
township treasurer on such assessments shall be applied to the pay- 
ment of the bonds issued under this act, and for no other purpose ; and 
for the purpose of enforcing the collection of the assessments so cer- 
tified to him, the county treasurer shall have the same power and 
authority now allowed by law for the collection of state and county 
taxes. 

Sec. 4686-29. [Bonds.] For the purpose of raising money nec- 
essary to meet the expense of the improvement the trustees of a 
township wherein such street, alley or avenue is situated, are hereby 
authorized and directed to issue the bonds of the township, not exceed- 
ing $5,000 in amount, payable in installments, or at intervals not ex- 
ceeding in all the period of six (6) years, bearing interest at the rate 
of six (6) per cent, per annum, which bonds shall not be sold for less 
than their par value. 

Sec. 4686-30. [Levy for improvement of highways by township 
trustees.] That the trustees of any township in the state of Ohio be, 
and are hereby authorized to levy and assess upon the taxable property 
of their respective townships, a tax not exceeding six mills in any one 
year upon the dollar valuation of the taxable property of such town- 
ship in addition to other taxes authorized by law, for the purpose of 
improving by macadamizing and graveling the public highways in 
such township, as may be deemed expedient or necessary by the board 
of trustees of such township, and for no other purpose, provided that 
this act shall not apply to townships in any county where the county 
commissioners have improved or now are engaged in improving by 
macadamizing and graveling the highways of said county. 

Sec. 4686-31. [Collection of tax.] That the taxes authorized 
to be levied shall be placed by the county auditor upon the taxable 
property of the township, and collected by the county treasurer as 
other taxes, and when collected shall be paid to the township treasurer 
of the township from which the same was collected, and be under the 
control of the township trustees thereof, for the purpose of improving 
by macadamizing and graveling the public highways of such town- 
ship. 

Sec. 4686-32. [Trustees to determine roads for improvement; 
powers of trustees.] The board of trustees shall designate the road 
or roads to be improved, which shall be, first the main and leading 
road or roads of the township, and upon which the material can be 
most easily procured. The board of trustees after having determined 
which road or roads are to be improved, shall examine such road or 
roads and ascertain if the proposed road or roads are sufficiently grad- 



LAWS RELATING TO AGRICULTURE. 251 

ed and drained, and if such be not the case, they may take to their as- 
sistance a competent surveyor or engineer, whose duty it shall be to 
make, under the direction of the board of trustees, a survey and level 
of the road or roads as selected, fix the grade of the road or roads, and 
the grade and capacity of the drains on the sides thereof. The trustees 
shall cause to be constructed all necessary culverts on such road or 
roads, fix the width of the graveled, paved or macadamized track not 
less than nine feet nor more than sixteen feet, and the depth thereof 
not less than eight inches nor more than twelve inches in the center, 
and the slope from the center to the sides. 

[Consolidation of districts.] The trustees may consolidate the 
road districts, through which any such proposed road improvement 
passes, and direct the supervisors of such road districts to work the 
two days' labor in such district in hauling the material, such as 
crushed stone or gravel upon such road. The work of hauling the 
material upon the road in such road district shall be under the super- 
vision of the supervisor of such district, but be performed in such 
manner as shall be prescribed by the trustees. 

Sec. 4686-33. [Letting of work.] A majority of the board of 

trustees shall be necessary to order the said road improvement, and 
the work of the construction, and the furnishing of the material for 
such improvement shall be publicly let; excepting such work as may 
be done by the road superintendents of the road district as herein pro- 
vided. The contract for the material to be used in the construction of 
said road improvement, and the contracts for hauling said material 
upon the roads, shall be let separately. (O. L. v. 98, p. 341.) 

Sec. 4686-34. [Notice by publication; contract to be let to low- 
est bidder; bond.] The trustees, after having given public notice of 
the time and place of such letting for at least two weeks, in a news- 
paper of general circulation in the township or county, or by hand- 
bills, or both, at the discretion of the board of trustees, specifying the 
kind and quality of the material, and the part of the road upon which 
the same is to be used, shall let the same to the lowest bidder, who 
shall give bond to the acceptance of the trustees. 

[Donations.] The trustees may accept donations of material or 
labor which may be offered by any person or persons for the benefit of 
any or all roads to be improved, and the road upon which the largest 
donation is offered shall be constructed first. The bids for the ma- 
terial and for the work of hauling the same shall be separately stated, 
and the trustees may reject any or all bids. 

[Payment for work and material.] The trustees shall examine 
and accept the work when completed, and ascertain the amount of 
material furnished under the provisions of this act, and if found in all 
respects correct, shall draw an order for the amount due for work, or 
for material furnished, upon the township treasurer, which shall be 
countersigned by the township clerk. 

Sec. 4686-35. [Overseer; compensation.] The board of trustees 
may appoint one of their number, or some other suitable person, who 



252 LAWS RELATING TO AGRICULTURE. 

< 
shall oversee the work, and for services rendered under the provisions 
of this act, [and] they shall be entitled to receive, for each day actually 
employed the sum of one dollar and fifty cents per day. 

[Record.] And the trustees shall provide for the township clerk 
a suitable book in which there shall be kept a complete record of the 
business transacted under the provisions of this act; 

[Duty of clerk; compensation.] And it is hereby made his duty 
to keep a full and complete record of the action of the board of trus- 
tees under this act, and the township clerk, for making such record, 
shall be entitled to receive ten cents per hundred words, and for all 
other services such reasonable compensation as may be allowed by 
the board of trustees. 

Sec. 4686-36. [Expenses paid from road fund.] The fees of the 
township officers, the engineer, and the person who may be appointed 
by the board of trustees under the provisions of this act, shall be paid 
out of the township road fund. 

[Itemized accounts.] But before any payment shall be made for 
services rendered under the provisions of this act, the person entitled 
thereto shall make out and file with the township clerk, an itemized 
account of his services, whereupon the trustees shall, if they find the 
same correct, draw an order on the township treasurer, countersigned 
by the township clerk. 

Sec. 4686-37. [Roads free; repairs.] The roads graveled, paved 
or macadamized under the provisions of this act shall be free to the 
public travel, and shall be kept in repair by the trustees out of the 
funds that come into the township treasury from, the county treasurer, 
as provided for in section one thousand four hundred and fifty-nine 
(1459) °f the Revised Statutes of Ohio. 

Sec. 4686-38. [Township trustees may create township into road 
district for purpose of improving public ways.] That the trustees of 
any township, whenever in their opinion it is expedient and necessary, 
and for the public convenience and welfare, to improve the public ways 
of said township, in whole or in part, by grading, macadamizing or 
graveling, draining, culverting, and bridging, may, by resolution, 
create said township into a road district for the purpose of improving 
the public ways therein, or any number of them ; and when, in any 
such township, there may be a municipal corporation, or municipal 
corporations, such trustees may, by such resolution, erect the portion, 
or portions, of such township not included within the corporate limits 
of any such municipal corporation, or municipal corporations, into 
such road district ; and in like manner the township trustees may erect 
any election precinct, or part of election precinct, in such township, 
into such road district ; and any road district, so created, shall be given 
an appropriate name, by which it shall be known and designated. 

Sec. 4686-39. [May borrow money and issue bonds.] That in 
order to provide means for improving the public ways in any such 
road district, the township trustees may, if in their judgment it is ex- 



LAWS RELATING TO AGRICULTURE. 253 

pedient and necessary to do so, borrow money and issue bonds of such 
road district for the payment of the same ; such bonds to be issued at 
such times, and in such amounts, as the work progresses, as may, in 
the judgment of the township trustees, be necessary for the purposes 
of such road improvements; and such bonds shall bear interest at a 
rate not exceeding five per centum per annum, payable semi-annually, 
shall be in denominations of not less than one hundred and not more 
than one thousand dollars each, as may be determined by the trustees, 
shall not run longer than twenty years, as may be determined by the 
trustees, and shall be signed by the township trustees, or a majority 
of them, and attested by the township clerk; and the interest shall be 
evidenced by appropriate coupons attached to each bond, and authen- 
ticated by the signature of the township clerk. 

[Limit of issue.] Provided, that it shall not be lawful for the 
township trustees to cause to be outstanding more than one hundred 
thousand dollars par value of such bonds of such road district, at any 
one time ; nor to issue, under any single vote, more than the aggregate 
amount stated in the notice of the election therefor. 

Sec. 4686-40. [Question to be submitted to electors.] That be- 
fore the improvement of any such public ways shall be undertaken, 
and before any bonds shall be issued under this act to pay for such 
improvements, the question of improving said public ways and of issu- 
ing bonds under, and in accordance with this act, shall be submitted to 
the qualified electors of such road district, at a general or special elec- 
tion of which, of the purpose, time and place, within such township, of 
holding which, and of the aggregate amount of bonds proposed to be 
issued, said trustees shall have caused not. less than ten days' notice to 
be given in the manner as provided by the laws of Ohio for other gen- 
eral or special elections, as the case may be. 

Sec. 4686-41. [Ballots for election.] That whenever the town- 
ship trustees shall determine to submit such question to the electors 
of any such road district, they shall pass a resolution to that effect, in 
which resolution the boundaries of such road district, if they be not co- 
incident with the boundaries of the township, shall be designated ; and 
the clerk of said township shall file a certified copy of such resolution 
with the deputy state supervisors of elections of the county in which 
such road district is located, not less than fifteen days before the time 
therein fixed for said election ; and the deputy state supervisors of elec- 
tions shall cause to be prepared and furnished at the expense of such 
township, ballots for said election, on which shall appear the words 
"Road improvement bonds — Yes," "Road improvement bonds — No;" 
and when such road district is a part of a township the notice of the 
election above provided to be given shall designate the boundaries 
thereof. 

Sec. 4686-42. [Judges and clerks of election.] That, at any elec- 
tion held thereunder, the judges and clerks of election for the time 
being of the township in which the same is held, shall act as judges 
and clerks, and vacancies shall be filled in like manner as in other elec- 
tions ; and such officers shall certify the result of said election forth- 
with after it shall have been ascertained, to the clerk of said township, 



254 LAWS RELATING TO AGRICULTURE. 

who shall abstract and record the same, and the electors at such elec- 
tion, desiring to vote in favor of the proposition shall place a cross 
mark, in black lead pencil, to the left of the words "Road improve- 
ment bonds — Yes," and those desiring to vote against said proposition 
shall place such cross mark to the left of the words "Road improve- 
ment bonds — No;" and if a majority of the votes cast, upon such 
question, at such election, shall be in favor of the proposition, the 
township trustees shall proceed to improve the public ways of such 
road district and to issue bonds to provide means therefor; and the 
township clerk shall forthwith certify the result of said election and 
the description of the boundaries and the name of such road district 
to the county auditor. 

Sec. 4686-43. [Employment of engineer; his duties.] That im- 
mediately after said election, if said proposition shall have carried, the 
township trustees shall employ a competent civil engineer and such 
assistants as shall be necessary, which engineer shall be the*engineer 
of the road improvements of such road district and shall prepare a cor- 
rect plat of such road district, showing all of the established public 
ways therein, which plat shall be designated by the name of the road 
district, and shall be forthwith recorded in the office of the township 
clerk; and thereupon the said trustees shall determine the order and 
manner in which said public ways shall be improved, beginning, so far 
as practicable, with the main roads ; and in improving such public 
ways the macadamized, or graveled, portion shall be so located, when- 
ever practicable, as to leave sufficient space for a dirt road at its side, 
and said graveled or macadamized portion shall be not less than eight, 
nor more than fourteen feet, in width, and the gravel or macadam, shall 
be not less than twelve inches in depth in the center, and eight inches 
in depth at each outer side. 

Sec. 4686-44. [Division of improvement into working sections.] 

That as the improvement of each public way is determined upon, the 
engineer shall proceed to divide the improvement into working sec- 
tions and to make a correct profile of each working section of such 
public way as it then exists, and a profile of the grades established for 
its improvement, and to prepare specifications for, and an estimate of 
the cost of each working section of the improvement, which shall be 
filed and recorded in the office of the clerk of the township. 

Sec. 4686-45. [How contract made.] That the contracts for 
furnishing the materials and performing the labor in and about such 
improvement, shall be made by such sections and in like manner as is 
provided by law for other township improvements. 

Sec. 4686-46. [How payments to be made.] That payments 
shall be made on account of such work and materials, upon esti- 
mates of the engineer as the work progresses, ten per centum of each 
estimate being retained until final completion and acceptance of the 
work. 

Sec. 4686-47. [Advertisement and sale of bonds.] That the 
bonds provided to be issued hereunder shall be sold at not less than 
par and accrued interest, in such quantities as may be deemed expe- 



LAWS RELATING TO AGRICULTURE. 255 

dient by the township trustees ; and shall be advertised and sold in the 
manner provided by law for the advertisement and sale of any other 
township bonds. 

Sec. 4686-48. [How repairs to be kept up.] That such public 
ways, when improved, shall be maintained and kept in repair by the 
county commissioners, and the expense thereof shall be paid out of 
the county road fund. 

" Sec. 4686-49. [Tax levy.] That the township trustees shall pro- 
vide means to pay the expense and cost of such improvements, and 
to pay the principal and interest of such bonds, by a general tax levied 
upon the taxable property of the respective road district. The levies 
for which tax shall be certified to the county auditor as is provided by 
law in the case of other levies of other township trustees. 

Sec. 4686-50. [Supervisor of improvement; compensation.] That 
the township trustees shall designate one of their number to supervise 
the improvement of each working section of said public ways, im- 
proved under this act, and the trustee so designated shall receive for 
his services in that behalf not to exceed two dollars a day for the time 
actually and necessarily employed in such supervision ; and the trus- 
tees shall provide such blanks, books and records, as shall be neces- 
sary to meet the requirements of this act; and shall allow to the 
township clerk for the services to be rendered by him, reasonable com- 
pensation ; all of which shall be paid out of the funds provided for such 
improvement on the order and allowance of the township trustees. 

(4686-51) Sec. 1. [Township trustees may create separate road 
district for improvement of township roads.] That the trustees in any 
township of any county in the state of Ohio, may by a majority of the 
qualified voters of said township at any general election create a sep- 
arate road district for the improvement of public roads in said town- 
ship. 

(4686-52) Sec. 2. [Submission of question of improvement to 
voters; notice, ballots, etc.] The qualified electors of such township, 
shall at said election have submitted the policy of the improvement of 
its public roads by general taxation, those voting in favor of such 
proposition shall have on their ballot road improvement by taxation 
"yes," and those opposed road improvement by taxation "no." The 
township trustees shall cause notices of said election to be published 
in two newspapers in general circulation, if such are printed in said 
township, for at least ten days prior to said election, and shall also 
cause notices to be posted at the usual place of holding elections, at 
least ten days prior to such election, and in townships where there 
are no papers published, the trustees shall give notice of such election 
by posting notices at, at least six of the most prominent places in the 
township ; fifteen days prior to said election. 

(4686-53) Sec. 3. [Trustees authorized to purcnase stone, 
gravel, etc.] The trustees of any township which may, for the pur- 
pose of macadamizing and improving the roads and highways in said 
township so constitute and make a special and independent road dis- 



256 LAWS RELATING TO AGRICULTURE. 

trict, by the provision of section I of this act, be and they are hereby 
authorized to purchase stone or gravel, or both, for the purpose of ma- 
cadamizing, graveling and improving the roads in any township. 

(4686-54) Sec. 4. [May levy taxes and issue orders.] For the 

purpose of macadamizing and improving the roads in said township 
the trustees are authorized to levy and assess upon all the taxable 
property in said township not more than six mills on the dollar in ad- 
dition to that authorized by law for a period of six years, which shall 
be paid in money and collected as other taxes and the money so col- 
lected shall be under the control of the trustees of said township and 
the trustees of said township, may and are hereby authorized to issue 
township orders, bearing not more than six (6) per centum per an- 
num, for the payment of macadamizing and improving the roads in 
said township, but the aggregate amount of said orders shall not ex- 
ceed the amount to be derived by said levy of six mills on the dollar 
for the said period of six years, and the trustees may and are hereby 
authorized to issue said interest-bearing orders for any work that may 
have been done under this act, and any or all orders shall be paid in 
the order in which they are issued and subject to the call of the trus- 
tees of said township for the payment thereof. 

(4686-55) Sec. 5. [Road labor; office of supervisor of road abol- 
ished.] The township clerk shall furnish said trustees with a list of 
names of all persons in said township required by law to do road work 
and the amount of work required by each and all labor on said roads, 
shall be performed under the direction of the township trustees who 
shall have entire control of all roads and all improvements in said 
township not now by law under the control of the county commission- 
ers, and the office of supervisor of roads shall be abolished in said 
township for a period of six years. 

(4686-56) Sec. 6. [Preference in expenditure of funds for im- 
proving roads.] In expending the funds for improving the roads as 
provided in this act, the trustees shall give preference to those from 
whom the taxes are collected for road purposes, and it shall be the 
duty of the trustees to see that this provision is observed so far as pos- 
sible for the best interest of the roads and of the taxpayers. (O. L. 
v. 97, p. 5750 

APPEALS IN ROAD CASES* 

Sec. 4687. [When order to open road may be executed.] No 

order of the county commissioners for the establishment of a county 
road, or for the alteration or vacation, in whole or in part, of a state 
or county road, or changing the width of a county road shall be ex- 
ecuted until twenty days have elapsed after the entry of such order in 
the record of the commissioners, and no order shall issue to open any 
township road until fifteen days after the same has been established, 
at which time the clerk of the township may issue such order, by di- 
rection of the trustees, unless an appeal has been perfected. 

Sec. 4688. [Who may appeal to probate court] An appeal from 
the final order of the county commissioners establishing a county road, 



LAWS RELATING TO AGRICULTURE. 257 

or altering or vacating, in whole or in part, a state or county road, or 
changing the width of a county road, may be taken to the probate 
court of the. same county by any person having an estate in fee, for 
life, or years, in any lands or tenements, situate in any township in the 
county, in or through which township such new, altered, changed, or 
vacated road passes, or by the husband of any married woman, or 
guardian of any ward, having such an estate. 

Sec. 4689. [Appeal bond.] To perfect such appeal, the appel- 
lant shall execute with sufficient sureties, or cause to be executed by 
sufficient sureties, to be approved by the county auditor, a bond or 
undertaking, payable to the state, in a penal sum of not less than one 
hundred nor more than three hundred dollars, in the discretion of the 
auditor, conditioned for the payment by such appellant of all costs 
that may be adjudged against him in the probate court, or in any other 
court, to which the proceeding may be removed by petition in error, 
which bond shall be filed with the auditor on or before the twentieth 
day after the entry of the order appealed from in the record of the 
commissioners ; but minors, idiots, or lunatics, or their guardians re- 
spectively, may appeal without giving bond, by causing an entry to 
that effect to be made within the period aforesaid, by the county au- 
ditor in the record of the commissioners. 

Sec. 4690. [Auditor to transmit papers to court.] Within ten 
days after the filing of an appeal bond, or the making of an entry for 
an appeal, as aforesaid, the county auditor shall transmit to the pro- 
bate court the original papers in the proceeding, and a certified 
transcript, from the record of the commissioners, of all proceedings 
and orders had or made by or before them therein, upon the receipt of 
which, the probate judge shall forthwith docket the proceedings, styl- 
ing the petitioners plaintiffs, and the appellants defendants, and shall 
set a day for the hearing thereof, which shall not be later than the 
twentieth day after such docketing of the appeal. 

Sec. 4691. [When court may affirm or set aside proceedings.] 

If, upon the hearing of the matter, it appear that the proceedings pre- 
vious to the appeal were, in substance, regular and legal, and if no ex- 
ception be taken by any claimant of compensation and damages to the 
assessment returned to and approved by the county commissioners, 
the probate court shall affirm the orders of the commissioners, and en- 
ter a judgment against the appellants for all costs created by t the ap- 
peal ; but if the previous proceedings are found to be substantially er- 
roneous, the court shall set them aside, and order another view by 
three disinterested freeholders of the county, to be appointed by the 
court, who shall perform the same duties that are required by chapter 
two, of viewers appointed by county commissioners, except that they 
shall make their return to the probate court. 

Sec. 4692. [The order to viewers.] The order to the viewers 
shall specify a place where, and a day upon which, or within two days, 
Sunday excepted, thereafter, they shall meet to commence the per- 
formance of their duties, and shall require them to make their report 
on or before a day therein specified, which shall not be later than the 
twentieth day after the entry of the order in said court ; and the court 

17— F. H. B. 



258 LAWS RELATING TO AGRICULTURE. 

shall also appoint a surveyor to attend the viewers and perform the 
duties required by the chapter aforesaid of surveyors, who shall have 
power to take to his assistance two chainmen and a marker, all of 
whom shall be disinterested, and he shall deliver a report and plat of 
his survey to one of the viewers, in time to be returned with their re- 
port and it shall be so returned. 

Sec. 4693. [When the court must confirm proceedings.] If the 

proceedings and report of viewers and surveyor, or of the reviewers 
hereinafter mentioned, be substantially legal, and also substantially co- 
incides with the order of the commissioners appealed from, the court 
shall confirm such proceedings and report, and shall render a judg- 
ment against the appellants for the costs created by the appeal ; or, if 
the report of the viewers be favorable to the petitioners, but mater- 
ially varies from the order appealed from, the court shall nevertheless 
confirm the same, if it be within the scope of the petition, and substan- 
tially legal; and the court may, in such case, require all the costs 
created by the appeal to be paid by the appellants, or by the petition- 
ers, or a portion of them by the one party, and the residue by the 
other, as may be equitable, and shall render a judgment accordingly. 

Sec. 4694. [When review may be ordered.] If the report of the 
viewers, appointed by the court be adverse to establishing, altering, 
vacating, or changing the width of the road, the court shall, upon the 
motion of the petitioners, or any twelve of them, but not otherwise, 
order a review by five disinterested freeholders of the county, to be 
appointed by the court, to whom an order similar to that hereinbefore 
prescribed in respect to viewers shall be issued; and such reviewers 
shall examine the proposed new road, alteration, or change, or road 
or part thereof proposed to be vacated, as defined or referred to in 
the order appealed from, and report in writing to the court their opin- 
ions for or against the same, with. their reasons; and if their report be 
such as is mentioned in the first clause of the preceding section, the 
court shall proceed as directed in said clause, but if it be adverse to 
such new road, alteration, change or vacation, no further proceedings 
shall be had in the premises, except to render a judgment against the 
petitioners for all costs that have accrued from the commencement of 
the proceedings before the commissioners. 

Sec. 4695. [When other viewers, etc., may be appointed.] When 
a viewer, reviewer, or surveyor, appointed by the court, is unable or 
fails to attend to the duty required of him, the court may substitute 
another in his stead. 

Sec. 4696. [Oath of viewers, etc.] Every viewer, reviewer, sur- 
veyor, chainman or marker, appointed or selected under the pro- 
visions of this chapter, shall, before entering upon his duties, take an 
oath faithfully and impartially to discharge the duties of his appoint- 
ment, which oath may be administered by any person authorized by 
section forty-six hundred and forty-eight to administer an oath, or by any 
other competent authority. 

Sec. 4697. [Appeals from township trustees.] An appeal to the 
probate court from the final decision of the trustees of the township 



LAWS RELATING TO AGRICULTURE. 259 

or any petition or report for or against the establishment of a road, 
shall be allowed, and the court may order another view of the road, 
assessments of damages, or make any other order which may be just 
and reasonable in the case, if the appellant enter into bond to the 
state, for the use of the township, in the sum of one hundred dollars, 
with sufficient security, to the acceptance of the township treasurer, 
within fifteen days from the date of the decision of the trustees; con- 
ditioned, in case the appeal be from a decision in favor of the establish- 
ment of a road, for the payment of all costs and expenses arising from 
such appeal if the road be established and the assessment of compensa- 
tion and damages be not increased by the proceedings had in the pro- 
bate court, and in case the appeal be from a decision against the es- 
tablishment of a road, such bond shall be conditioned for the payment 
of all costs, and expenses arising from such appeal, if the road be not 
established by the proceedings in the probate court; and the appeal 
shall be entered with the probate judge within six days from the filing 
of the bond with the township treasurer. 

Sec. 4698. [Decision of court certified to trustees.] The deci- 
sion obtained in the probate court as provided in the foregoing sections 
shall be certified to the township clerk, who shall notify the trustees 
thereof; whereupon the trustees shall dispose of the case agreeably to 
the order of the probate court, and the probate judge shall be allowed 
to tax the same fees which are by law allowed for similar services in 
other cases. 

Sec. 4699. [Appeals by claimant of damages.] Every claimant 
of compensation and damages on account of the establishment or al- 
teration of a county or township road, or alteration of a state road, 
or change in width of a county road, may appeal to the probate court, 
from the final decision of the county commissioners or township trus- 
tees, confirming the assessment of compensation and damages made 
by the viewers in his behalf, or the refusal of the viewers to award 
damages to him, which appeal shall be perfected and docketed in the 
mode hereinbefore prescribed in section forty-six hundred and ninety, 
[except that] the appellant shall be the plaintiff, and the obligors in 
the bond shall be the defendants ; and several claimants may unite 
in a joint appeal, although their claims may be distinct, or they may 
severally appeal. 

Sec. 4700. [Proceedings on such appeal.] Upon such appeal, 
whether joint or several, the probate court shall confine itself to the 
questions of compensation and damages presented by it, and shall 
forthwith, after the docketing thereof, cause a jury of twelve men to 
be selected and returned by the sheriff and clerk of the county, as 
provided by law, and, after receiving the names of such jurors, issue 
a venire commanding them to appear in court, on a day and hour 
named in the venire, which shall not be later than the twentieth day 
from its date, to serve as jurors upon the trial of such claims. 

Sec. 4701. [Notice to appellants and obligors.] % The court shall 
also issue a summons or notice to all the appellants, whether joint 
or several, and to the obligors aforesaid, to attend at the same time 
and place, which summons or notice shall be served by delivering to 



260 LAWS RELATING TO AGRICULTURE. 

each person named therein a copy thereof, or by leaving such copy 
at his usual place of abode ; and if any of the parties are non-residents 
of the county, but have an agent or attorney therein, service on such 
agent or attorney, in manner aforesaid, shall be sufficient, or a sum- 
mons or notice may be sent to another county for service upon any 
party residing or being therein ; if an appellant is a non-resident when 
he perfects his appeal, he shall leave with the probate judge the name 
of an agent or attorney in the county, upon whom service may be 
made, and if he fail to do so, no service upon him shall be necessary; 
and service upon a guardian shall be sufficient service upon his ward. 

Sec. 4702. [Challengers, talesmen, and oath of jurors.] If any 
of the jurors fail to attend, or for good cause be excused from serving, 
or be set aside on account of a challenge, the panel shall be filled with 
talesman [talesmen] as in other cases; each party shall be entitled to 
two peremptory challenges, and may make any number of challenges 
for cause; and in respect to challenges, the appellants whose claims 
are on trial shall be considered as one party, and the obligors as the 
other; the jury shall be sworn in all the causes, whether the appeals 
are joint or several, at the same time, unless for good cause shown 
the court otherwise direct; and the oath of the jury shall conform, as 
nearly as may be, to the oath prescribed for the jury in proceedings 
by corporations to appropriate property. 

Sec. 4703. [Conduct of the trial.] On motion of either party, 
or of any one of the appellants, the jury shall, under the care of an 
officer of the court, and with such person or persons as the court may 
appoint to show them the premises, and before any testimony shall be 
given, except the plat and field notes of the road and the title papers 
of the claimants, if produced, which they shall take with them, pro- 
ceed to examine the road as established or ordered, and the property 
of the several claimants taken therefor, or alleged to be injured there- 
by, and after making such examination, shall return to the probate 
court, at the time the court shall have appointed ; whereupon, or upon 
the jury being sworn, if no view is moved for, the trial of the claims, 
in the order the court shall direct, or any number or all of them at 
the same time, if the parties so agree, shall be proceeded with in the 
same manner as in other jury trials in the court; but any claimant may 
elect to have his claim tried separately; and the jury shall render a 
separate verdict upon each claim, which shall be entered upon the 
record of the court, and a new trial shall not be granted except for 
misconduct of the jury, nor shall an appeal, except by petition in error, 
as hereinafter provided, be taken to any other court. 

Sec. 4704. [Trial by jury after assessment in court.] Wh"a an 
assessment for compensation and damages has been made, or refused, 
by viewers of a county or township road, or alteration of a state, 
county, or township road, or change of width of a county road, ap- 
pointed by the probate court, any claimant may, before the confirma- 
tion of the report of the viewers, file exceptions to their decision upon 
his claim whether it was rejected altogether, or compensation and 
damages awarded to him ; whereupon such proceedings shall be had 
for a trial by jury, of his claim, and of any others thus prosecuted, as 
are provided in the preceding section ; and the provisions of said sec- 
tion shall, in all respects, apply to the same. 



LAWS RELATING TO AGRICULTURE. 261 

Sec. 4705. [When claimant to pay costs.] If by the final deci- 
sion in the probate court, any claimant of compensation and damages do 
not obtain a greater sum than was awarded lo him by the order of the 
commissioners or township trustees from which he appealed, he shall 
pay all costs created by his appeal, so far as the court can ascertain 
the same, and judgment shall be rendered against him for the same; 
and in cases not hereinbefore specially provided for the court shall 
give such judgment in respect to costs as may be equitable. 

[County paying costs for defendant.] And the county commis- 
sioners may, in their discretion, pay out of the county treasury any 
part or all of any costs that may be adjudged against defendants if 
in their opinion the public utility and the justice of the case justifies it. 

Sec. 4706. [Judgments therefor to be in favor of state.] All 
such judgments shall be rendered in favor of the state, and may be 
enforced by execution issued by the probate court, of its own motion, 
or at the instance of any person entitled to any part thereof, and the 
money, when collected, shall be paid to the persons respectively en- 
titled thereto. 

Sec. 4707. [Court to make complete record.] The probate 
judge shall make a record of all proceedings had in the probate court 
under the provisions of this chapter, including the reports and plats 
of viewers, reviewers, and surveyors, and forthwith, after the termi- 
nation of the proceedings upon an appeal, transmit to the county audi- 
tor, if the appeal was from the county commissioners, or to the town- 
ship clerk, if it was from the township trustees, all original papers 
received from him, and also a transcript, from the record aforesaid, of 
the proceedings upon such appeal. 

Sec. 4708. [When auditor to make record, and its effect.] If 

it appear by the transcript so transmitted to the county auditor that 
the court has approved the establishment, alteration, vacation or 
change of a road, and that the compensation and damages, if assessed 
in or under the orders of the court, do not, in the aggregate, exceed the 
amount assessed, approved, and ordered to be paid out of the county 
treasury before the appeal, the auditor shall forthwith record, in the 
proper book, the final decision of the court in the premises, with all 
reports, plats, field notes, or other matters appearing in the transcript 
necessary to a right understanding of the same, and note in said book 
the date of such recording; and thenceforth the road shall be estab- 
lished, vacated, altered, or changed, as the case may be, and he shall 
issue the necessary orders for the payment of the compensation and 
damages. 

Sec. 4709. [When commissioners may pay damages.] But if 

the damages so assessed exceed, in the aggregate, the amount or- 
dered to be paid out of the county treasury, the auditor shall lay the 
papers and transcript before the county commissioners, at their next 
session, who may thereupon establish such road, alteration, or change, 
and order the compensation and damages to be paid out of the county 
treasury, or refuse to establish the same unless the compensation and 
damages, or such portion thereof as they shall require, be paid, within 
such time as they may designate, by the petitioners. 



262 LAWS RELATING TO AGRICULTURE. 

Sec. 4710. [When auditor shall issue order, and its effect.] If 
the appeal from the county commissioners was under section forty-six 
hundred and ninety-nine, and the compensation and damages assessed in 
that court in favor of all the appellants do not, together with the com- 
pensation and damages awarded to claimants who did not appeal, ex- 
ceed the amount which the commissioners had, before the appeal, or- 
dered to be paid out of the county treasury, the auditor shall issue the 
necessary orders for the payment of all said compensation and dam- 
ages, and the road, or alteration, shall be considered as established 
from the date of the final order in the probate court. 

Sec. 471 1. [Proceedings of commissioners on transcript.] But 

if the assessments in the probate court, with the compensation and 
damages awarded to claimants not appealing, exceed the amount so 
ordered to be paid out of the county treasury by the commissioners, 
the auditor shall lay the papers and transcripts received from the pro- 
bate judge before the commissioners, at their next session, and they 
shall act upon the same as in the case mentioned in section forty-seven 
hundred and nine, but the commissioners, if in their opinion a part 
only of a road will be of public utility, may record and establish such 
useful part, and reject the residue, if such division can be made with- 
out affecting the rights of any person entitled to compensation and 
damages. 

Sec. 4712. [Proceedings of trustees on transcript.] The town- 
ship clerk, upon receiving a transcript from the probate judge, as 
aforesaid, shall lay it before the township trustees, who shall make an 
order in conformity with the decision of the probate court. 

Sec. 4713. [Decision of court reviewable on error.] The final 
decision of the probate court, made under the provisions of this chap- 
ter, may be reviewed, upon a petition in error, by the court of com- 
mon pleas of the proper county ; but shall not be reversed for any de- 
fect in form if found to be substantially correct ; and upon a reversal, 
a court of common pleas may award a writ of procedendo, when 
deemed necessary. 

Sec. 4714. [Fees of officers and others.] For their services re- 
quired by this chapter, the officers herein mentioned or referred to 
shall be entitled to the same fees as they are entitled to by law for 
like services in other cases; and the person or persons appointed to 
show premises to a jury shall receive such compensation, to be taxed 
in the cost bill, as the court shall direct. 

ROAD SUPERINTENDENTS, 

Sec. 4715. [Powers and duties of road superintendents.] Every 
road superintendent shall open, or cause to be opened, and also keep 
in repair, all public roads and highways which are laid out and estab- 
lished in his road district, and remove or cause to be removed, all en- 
croachments, by fences or otherwise, and all obstructions that may 
from time to time be found thereon ; and road superintendents may 
enter upon any uncultivated or improved lands, unincumbered by 
crops, near to or adjoining such roads, cut or carry away timber, ex- 



LAWS RELATING TO AGRICULTURE. 263 

cept trees or groves or improved lands planted or left for ornament or 
shade, and may dig, or cause to be dug and carried away, any gravel, 
sand or stone which may be necessary to make, improve or repair any 
such road, and that the owner of such property so taken by the road 
superintendent be paid a reasonable compensation therefor, to be as- 
sessed by the trustees, and said claimant, for his damages, may have 
an appeal, as hereinbefore provided for in section forty-six hundred 
and ninety-nine, and the amount found due shall be paid as provided 
in section four thousand seven hundred and forty-five. Provided, 
however, that the road superintendent of any district shall at all times 
be under the direct control and supervision of the township trustees 
wherein such road district lies, and shall perform only such work as is 
directed by the township trustees. (O. L. v. 98, p. 335.) 

Sec. 4715a. [Unlawful making of open ditches along highways; 
penalty.] It shall be unlawful for any road superintendent to exca- 
vate or make any open ditch on and along a public highway in front of 
any dwelling house or yard surrounding the same, or entrance thereto, 
or in front of the entrance or approach to any barn on that side of the 
road on which the said buildings are situate, unless he forthwith puts 
in a sufficient underdrain and fills up the excavation to the original 
level, except when authorized to make such open ditch at said points 
by the owner of such buildings or trustees of the township. And any 
road superintendent violating this section shall forfeit and pay to the 
owner of any such buildings twenty-five dollars, to be recovered in a 
civil action before any justice of the peace. (O. L. v. 98, p. 336.) 

Sec. 4716. [Further powers of road superintendents.] A road 
superintendent may also enter upon any lands adjoining or lying near 
the road, and make such drains or ditches through the same as the 
township trustees may deem necessary and as they may direct, for the 
benefit of the road, but shall do as little injury to such lands, and the 
improvement and timber thereon, as the nature of the case and the 
public good will permit; the drains and ditches so made shall be con- 
ducted to the nearest water course, and shall be kept open by the road 
superintendent; and they shall not be obstructed by the owner or oc- 
cupier of the lands, or any other person having the same in charge, un- 
der the penalty of forfeiting a sum not exceeding ten dollars for each 
ofTense, which shall be collected by the road superintendent and paid 
by him to the township treasurer, and applied to the road fund of the 
township. (O. L. v. 98, p. 336.) 

Sec. 4716-1. [Road taxes in Highland county; how may be 
worked out.] In every county in the state of Ohio, having a popula- 
tion of thirty thousand two hundred and eighty-one (30,281) at the 
last federal census, or any succeeding census, all taxes collected for the 
repair of all free turnpike roads, and all county roads in said counties, 
and expended on said roads under the supervisor or any other au- 
thorized agent, it is hereby made the duty of such supervisor or agent, 
to notify all the tax-payers living in any road district in any of the 
foregoing specified counties whose road tax shall exceed two dollars in 
any one year of the time and place of making said road improvements, 
and said tax-payers shall have the right to work out so much of their 
several amounts of road taxes as may be expended on said roads, under 



264 » LAWS RELATING TO AGRICULTURE. 

the direction of said supervisor or agent, at such time and place as he 
may specify. 

Sec. 4716-2. [Penalty for noncompliance with provisions of this 
act.] Any supervisor or agent neglecting or refusing to notify any 
of the taxpayers specified in section one [§'(4716-1)] of this act, shall 
be liable for the amount of said taxes to be collected by the township 
trustees, or county commissioners, in an action of debt from the super- 
visor or agent or their securities on their official bond, for the benefit 
of any such road as the original tax was levied. 

For "Labor on Highways," etc. See § (2664 — 4) et seq. 

Sec. 4729. [Roadbeds shall be leveled off.] Every road super- 
intendent shall cause to be graded and leveled off, the earth and gravel 
that may be scraped, shoveled, or hauled into any public road under 
his direction or charge, at the time that such work is performed ; and 
for any neglect or refusal on the part of such road superintendent to 
cause such leveling or grading in a reasonable degree, he shall forfeit 
not less than one dollar nor more than five dollars, to be paid into the 
township road fund, to be recovered by an action in the name of the 
township, before a justice of the peace within the township where 
such road superintendent resides ; and the trustees of the township, 
after having been notified by any resident freeholder of the township 
of such neglect or refusal, shall, by one of their number, examine the 
work, and if he find that it has not been performed in a reasonable de- 
gree according to the provisions of this section, he shall prosecute such 
road superintendent as provided herein. 

Sec. 4730. [Destruction of brush, briers, weeds, etc., on high- 
ways; compensation.] All pike superintendents and turnpike direc- 
tors having control of and being charged with the duty of repairing 
macadamized, graveled and improved roads and turnpikes, all road 
superintendents of county and township roads and the street commis- 
sioners of any city or village shall between the first and twentieth 
days of June, and between the first and twentieth days of August, ana 
if necessary, between the first and twentieth days of September of 
each year, cut and burn, or destroy, or cause the same to be done, all 
brush, briars, burrs, vines, Russian and Canadian or common thistle, 
or other noxious weeds, growing or being within the limits of any 
county or township road, turnpike, improved, graveled or macada- 
mized road, street, or alley within his jurisdiction ; such road superin- 
tendent, turnpike director, or pike superintendent shall be allowed 
reasonable compensation which shall not exceed $1.50 per day for all 
necessary labor employed by him in the performance of said work, to 
be allowed in the case of county and township out of the road fund, 
or general fund, and in the case of macadamized, graveled and im- 
proved roads and turnpikes, such labor is to be allowed and paid for 
out of the turnpike fund of the county and in the same manner as would 
be done in the event of a repair thereof, but a street commissioner 
shall be allowed and paid, for any such services performed by him, by 
the proper municipal authorities ; the superintendent of any such roads 
shall allow any landowner or tenant to cut and destroy any such brush, 
briers, burrs, vines, thistles or other noxious weeds, growing or being 
on such roads along the lands abutting on such roads owned or occu- 



LAWS RELATING TO AGRICULTURE. 2b5 

pied by such landowner or tenant, but before the said work is per- 
formed shall fix a reasonable compensation therefor, which shall be 
credited on the road tax of that year assessed against said premises ; 
provided, however, that such landowner or tenant shall do said work 
or cause the same to be done before the first day of the month in which 
such work is required to be done as specified in this section. The su- 
perintendent, or manager of any toll, steam or electric road shall cut, 
burn or destroy, or cause the same to be done, all brush, briers, burrs, 
vines, Russian, Canada or common thistle, or other noxious weeds 
growing or being cut within the limits of any such road between the 
days of each month as above specified in this section, and in default 
thereof, and for five days thereafter, the trustees of any township 
through which any such road passes, shall cause the same to be done, 
and shall have the right of action against any such toll, steam or elec- 
tric road company for the amount of such work, together with one 
hundred per cent, penalty, and cost of action to be recovered before 
any justice of the peace of such county. (O. L. v. 98, p. 336.) 

Sec. 4731. [Drift against bridges or culverts or obstructing 
ditches to be removed.] The road superintendent of each road dis- 
trict, or the superintendent of any free turnpike or improved road, 
shall remove or cause to be removed all timber or drift lodged against 
bridges, except toll bridges, or bridges upon toll roads, and all timber, 
drift and sediment lodged in and obstructing the free passage of water 
in ditches constructed for the draining and protection of such roads, 
or under or against any culvert over the same, or over any natural 
water course adjoining and upon the line of free turnpikes, and all 
other public roads in his district; and he shall receive the same com- 
pensation for such work or duties performed as is prescribed by law 
for other road work. And in case any road superintendent or the su- 
perintendent of any free turnpike or improved road, fails or neglects 
to comply with the provisions of this act, he shall be held liable to a 
fine of not less than five and not more than twenty-five dollars. And 
any adjoining landowner affected thereby may, at the expiration of 
ten days, after serving a written notice on such road superintendent 
to remove any drift or sediment, as herein mentioned, of his own mo- 
tion, remove or cause to be removed, for which he shall receive the 
same compensation and from the same source as such road superin- 
tendent would have been entitled to in the performance of his duty. 
(O. L. v. 98, p. 337.) 

Sec. 4732. [Destruction of Canada or Russian thistles, wild let- 
tuce or wild mustard growing on lands in townships.] The trustees 
of any township of this state upon information in writing, that Canada 
or Russian thistles, wild lettuce or wild mustard are growing on any 
lands in their township, and are about to spread or mature seed be- 
tween the first day of June and the fifteenth day of October of each 
year, said trustees shall cause notice in writing to be served upon the 
owners, lessee, agent or tenant having charge of any such lands notify- 
ing such owner, lessee, agent or tenant that Canada or Russian 
thistles, or other noxious weeds mentioned in this section, are growing 
on such lands, and that such Canada thistles, or other noxious weeds, 
shall be cut and destroyed within five days after the service of such 
notice ; and in default thereof, the said township trustees, shall enter 






266 LAWS RELATING TO AGRICULTURE. 

upon such lands and cut and destroy such thistles, or other noxious 
weeds;. and that the cost of cutting the same with the cost of such 
notice, will become a lien against said lands. Any constable or depu- 
ty, marshal of any city or village, or deputy, is hereby authorized to 
make service and return of any such notice, and the fees of such service 
and return shall be the same as are allowed for service and return of 
summons in civil cases before magistrates. If any owner, lessee, agent 
or tenant having charge of any such lands shall fail to comply with 
such notice, the township trustees shall cause said thistle or other 
noxious weeds aforesaid to be cut and destroyed, and may employ any 
person to perform such labor, and allow such person fifteen cents per 
hour for the time occupied in performing such labor, and pay the sum 
for such labor out of any money in the treasury of said township not 
otherwise appropriated, and take receipt for the same. Said town- 
ship trustees shall make return in writing to the board of commission- 
ers of their county, with a statement of the charges for their services, 
the amount paid to the person for performing such labor, together 
with the fees of the officers who made the service of notice and re- 
turn with a proper description of the premises; and the same having 
been allowed, shall be entered upon the tax duplicate, and shall be a 
lien against said lands, from and after the date of such entry on the 
duplicate, and shall be collected as other taxes, and returned to the 
township with the general fund. 

Sec. 4732a. [Destruction of Canada and common thistles and 
other noxious weeds within cities and villages other than Cincinnati, 
Cleveland, Columbus and Dayton.] That in all cities and incorpo- 
rated villages, except cities of the first and second grade of the first 
class and first and second grade of the second class, the mayor shall, 
during the month of May of each year, cause notice to be published for 
two consecutive weeks in one or more newspapers published in the 
corporation, or by posting up written or printed notices in said city 
or village at three public places for ten days next previous to the 
first day of June of each year, warning the owners, lessees or agents 
of lots and lands within such city or village to cause all Canada or 
common thistles, or other noxious weeds mentioned in section forty- 
seven hundred and thirty-two, growing on any such lots or lands 
within said corporation, to be cut and destroyed so that they do not 
mature seed or spread to adjoining lands. The common council of 
such city or village shall, upon information in writing that Canada or 
common thistles or other noxious weeds mentioned in section forty- 
seven hundred and thirty-two are growing on any such lands, with- 
.in their corporation between the tenth day of June and the fifteenth 
day of October of each year, [shall] cause such Canada or common 
thistles or other noxious weeds to be cut and destroyed so that they do 
not mature seed or spread to other lands, and said council may em- 
ploy any person to cut and destroy said noxious weeds and allow 
such person so employed fifteen cents per hour for the time em- 
ployed in such labor. And said council shall pay said amount out of 
any money of the general fund in the treasury of said city or village 
not otherwise appropriated, and take a receipt therefor. And said 
council shall make return in writing to the board of commissioners 
of their county, with a statement of the amount paid for such labor, 
and one dollar additional, as a penalty on each lot or parcel of land 



LAWS RELATING TO AGRICULTURE. 267 

containing less than one acre, and with two dollars on each lot or 
parcel containing more than one acre. The same having been al- 
lowed, the auditor shall enter the amount so certified to him on the 
tax duplicate of the county against the lots or lands on which said 
Canada or common thistles or other noxious weeds were cut and de- 
stroyed, and the amounts shall be a lien against said lots or lands from 
and after such entry, and shall be collected as other taxes are collected, 
and returned to such city or village with the general fund ; 

[Release of land on payment of costs of such destruction and 
penalty.] Provided, that [if] any such owner of such lots or lands 
shall tender to the treasurer of such township in cases of townships, 
or to the treasurer of such city or village in the case of city or village, 
the amounts so chargeable against such lots or lands for such labor, 
together with the penalty as certified to by the clerk of said township, 
city or village showing the amount of such charges and penalty, the 
treasurer shall receive the amount so tendered, upon which said lots 
and lands shall be discharged from further liability. 

Sec. 4732b. [Compensation of township trustees; penalty for 
not performing duties; disposition of fines.] Township trustees shall 
be entitled to $1.50 per day for their services under this act; the mayor 
of any city or village, or trustees of any township, or superintendent 
or other officer of any toll-road, or superintendent of any improved or 
macadamized road, or supervisor of any county or township road, or 
street commissioner of any city or village, who neglects or refuses to 
perform their duties as mentioned in sections 4730, 4732 and 4732a, 
shall be fined in the sum of fifty dollars in any court having compe- 
tent jurisdiction of such cases ; such fines shall go into the road fund 
of the township in cases against township or toll road officers ; and 
into the street fund in cases against mayors or other municipal officers. 

Sec. 4732c. [Destruction of Russian thistles on lands in town- 
ships; penalty for default; final jurisdiction.] The trustees, consta- 
bles, or road supervisors of any township in this state, upon informa- 
tion in writing that Russian thistles are growing on any lands in 
their township, between the first day of June and the fifteenth day* of 
October of each year, shall forthwith cause notice in writing to be 
served upon the owner, lessee, agent, or tenant, that such Russian 
thistles shall be cut and destroyed within five days after the service 
of such notice; and in default thereof, such officer shall forthwith 
make complaint before any justice of the peace within the township, 
and any owner, lessee, agent or tenant, who shall be convicted of 
such default, shall be fined in a sum not less than five nor more than 
twenty dollars, and pay the cost of prosecution, and in such cases 
justices of the peace shall have final jurisdiction. 

Sec. 4732J. {Destruction of Russian thistles growing on public 
highway or right of way of railroad company; penalty for default; 
final jurisdiction.] Any person who has personal knowledge that any 
Russian thistles are growing on any public highway or right of way of 
any steam or electric railroad company in any township of this state 
may notify in writing any trustee or road supervisor within the town- 
ship such portion of said public highway or right of way of any steam 



268 LAWS RELATING TO AGRICULTURE. 

or electric railroad company is situated and in case Russian thistles 
are found growing on the right of way of any steam or electric rail- 
road company may notify the nearest agent or section foreman who 
has charge of such portion of such railroad, and such trustee, super- 
visors, agent or section foreman shall within five days after service of 
such notice cut and destroy such Russian thistle, or cause the same 
to be done ; and in default thereof, such officer shall upon conviction 
before any justice of the peace of such township, be fined not more 
than twenty-five dollars, nor less than five dollars, and pay the costs 
of prosecution, and in such cases justices of the peace have final juris- 
diction. 

Sec. 4733. [Trustees or road superintendent may construct foot- 
walk, foot-bridge, etc., upon petition.] That the trustees may and are 
hereby authorized to construct on either side of any public road in the 
township a public footwalk or sidewalk, and also public foot-bridges 
over streams of water crossing any such road, whenever it is made to 
appear by petition of twelve freeholders of the township, presented to 
the trustees, that such footwalk, sidewalk or foot-bridge is necessary ; 
and the trustees may, if the request is deemed reasonable, order the 
road superintendent of the district in which said improvement is de- 
sired to construct the same of such material and at such expense as the 
trustees shall prescribe, which shall not in any manner obstruct the 
public highway, or any private entrance ; or the trustees may construct 
by contract, with the lowest responsible bidder; all such improve- 
ments to be paid for out of the township road funds. (O. L. v. 98, 
P- 338.) 

Sec. 4734. [Guide-boards to be erected.] The township trus- 
tees shall cause to be erected and kept in repair, at the expense of the 
township, at all intersections of the public ways of the township 
which lead to any city, town, village, depot or other important place 
or road, a post and guide-boards, displaying in legible letters, the 
name and indicating the direction and distances to all such places to 
which each of said roads leads. Upon the presentation to one of the 
trustees, of a petition, signed by ten freeholders, electors of the town- 
ship, asking for the erection of a post and guide-boards at any desig- 
nated intersection of the public ways of such township, and naming 
the inscription desired thereon, the trustees shall forthwith cause the 
sarnie to be erected ; and failing or neglecting to do so for the period of 
sixty days, the petitioners may cause the same to be -erected and collect 
the cost thereof, not exceeding five dollars for each post so erected, 
from the township trustees. 

Sec. 4735. [Trustees to furnish tools, machinery and imple- 
ments.] The township trustees are authorized to furnish such tools, 
implements and machinery as they may deem necessary for the con- 
struction, repair and maintenance of the roads in the several road 
districts within their township, to be paid for out of any money in the 
township treasury not otherwise appropriated, and shall take a re- 
ceipt from each road superintendent for such implements as may be 
delivered to him, showing the number, kind and condition thereof; and 
such road superintendent shall be liable for any injury or damage 
that may result to such implements, or any of them, from the im- 



LAWS RELATING TO AGRICULTURE. 269 

proper use thereof or by unnecessary exposure to the weather during 
the time the same may be in his possession, to be recovered in an ac- 
tion in the name of the trustees, an'd he shall, on the first Monday in 
December, annually, return the same to the trustees. (O. L. v. 98, p. 

338.) 

Sec. 4736. [Watering places may be provided.] The township 
trustees are authorized to provide and maintain suitable watering 
places for procuring water for persons and animals on the public 
highways in their township, and the trustees of two or more townships 
may join in providing and maintaining such watering place where 
it is located on or near the township line, or on a road leading from 
one township into another; but not more than fifty dollars shall be 
expended in or by any township, in any one year, for such purpose, 
to be paid out of any money in the township treasury not otherwise 
appropriated. 

Sec. 4737. [Additional road tax.] If township trustees deem 
an additional road tax necessary, they shall determine the per centum 
to be levied upon the taxable property of their respective townships, 
not exceeding three mills on the dollar, for the purpose of cutting 
down hills, filling low places, and making repairs that may be neces- 
sary by reason of any casualty that may occur in the public highways 
of their respective townships, which shall not, in any year exceed the 
sum of two hundred dollars, unless the question of a greater levy be 
submitted to a vote of the qualified voters of the township, at a 
special election called by the trustees for that purpose ; if a majority 
of the qualified voters at such election vote in favor of levying an in- 
creased tax, for the purposes aforesaid, the trustees shall certify the 
same to the county auditor, in writing, on or before the first Monday 
of June in each year, and the auditor shall assess the same on the 
taxable property in the township, not included in any municipal cor- 
poration, and the same shall be collected in the December installment, 
and paid out as other taxes, except as hereinafter provided. 

Sec. 4738. [Road tax; rate of levy to be published.] The audi- 
tor of each county, immediately after the county commissioners and 
trustees of townships at their annual sessions for that purpose, have 
determined the amounts to be assessed for road purposes in their re- 
spective counties and townships, shall give notice, in some newspaper 
in general circulation in the county, of the per centum on each hun- 
dred dollars of the valuation so determined to be assessed in such 
county and township respectively; and he shall make a list of the 
names of taxpayers, and the amount of the road tax with which each 
stands charged, and transmit the same to the clerk of the proper 
township. (O. L. v. 98, p. 338.) 

Sec. 4740. [Passways may be constructed.] Any land holder 
through whose land a state, county, or township road is now or may 
be hereafter laid out and established, is authorized, under the discre- 
tion of the road superintendent of the proper district, to construct a 
passway either over or under such road, so as to permit stock to pass 
and repass ; but the passway shall not be constructed over or under 
any road within the limits of the outlets of a city, town, or village, 



270 LAWS RELATING TO AGRICULTURE. 

and shall not hinder or obstruct the travel on such roads, and shall 
be kept in good repair at the expense of the landholder. (O. L. v. 
98, p. 339-) 

Sec. 4743. [Only public roads to be worked.] A road superin- 
tendent shall not perform nor cause to be performed labor on any 
road not regularly laid out and established by law. (O. L. v. 98, p. 
3390 

Sec. 4744. [Certificates for timber, etc., taken for road.] A su- 
pervisor of roads, or a superintendent of a free turnpike, improved, 
or other macadamized road having no gate thereon, who takes any 
timber, stone, or gravel, for the purpose of making, improving, or re- 
pairing any road or structure, or repairing any bridge or crossway 
within his district, shall, on demand of the owner of the land, or his 
agent, or the guardian of any ward, or the executor of any will, having 
the lands in charge from which the same were taken, give a certificate 
showing the quantity of such timber, stone, or gravel, with the value 
thereof respectively, and the time and purpose for which, the same 
was taken. 

Sec. 4745. [How paid.] A person who receives such certificate 
shall present the same to the township trustees of the proper town- 
ship, at any regular or called session, within twelve months after the 
taking of such timber, stone, or gravel, and the trustees, if satisfied 
that the amount is just and equitable, shall cause the same to be paid 
out of the fund hereinafter provided for; but a certificate so allowed 
and paid by the trustees shall not exceed twenty-five dollars to any 
road district per annum ; any greater amount that may be presented 
shall be examined, and if allowed, shall be certified by the trustees to 
the commissioners of the county, with the accompanying vouchers, to 
be allowed by them if, in their opinion, the same is just and equitable, 
and the commissioners shall cause the same to be paid out of the 
county funds for that purpose; and the township trustees are author- 
ized to levy annually, upon the taxable property of their respective 
townships, in addition to other taxes authorized by law, a tax suffi- 
cient to pay such certificates, not exceeding twenty-five dollars to 
each road district in the township, which shall be certified, assessed, 
and collected as other township taxes. 

Sec. 4745-1. [When county commissioners may condemn ma- 
terial for road purposes.] Whenever the board of county commis- 
sioners of any county in this state are unable to purchase of or con- 
tract with the owner or owners of any gravel bank or gravel bed, or 
other deposit of gravel, or the owner or owners of any stone, timber 
or other material in the judgment of such board of county commis- 
sioners necessary for the construction or repair of any road or high- 
way within the said county, upon fair and equitable terms, or in case 
the owner or owners refuse to sell or contract with the county com- 
missioners of any such county for the sale of such material, on such 
board of county commissioners agreeing to allow a reasonable [com- 
pensation] therefor, then such board of county commissioners are au- 
thorized and hereby empowered to condemn and appropriate for public 
use said material in such quantities as, in the judgment of said board 



LAWS RELATING TO AGRICULTURE. 271 

of commissioners, the public needs may require, allowing the owners 
therefor a just and equitable compensation for the same. 

Sec. 4745-2. [Findings may be appealed from.] An appeal 
from the amount of compensation allowed by any such board of 
county commissioners, for the payment of any material condemned 
and appropriated as aforesaid for public use, shall be allowed to the 
probate court of the county, which appeal shall be perfected and dock- 
eted in the mode prescribed in sections four thousand six hundred and 
eighty-nine and four thousand six hundred and ninety of the Revised Stat- 
utes of Ohio, except that the appellants shall be the plaintiff and the 
board of county commissioners the defendant. 

Sec. 4745-3. [Proceedings in probate court.] Upon such ap- 
peal, the probate court shall confine itself to the question of compen- 
sate presented by it, and shall forthwith, after the docketing there- 
of, cause a jury of twelve men to be selected and returned by the 
sheriff and clerk of the county, as provided by law, and shall issue a 
venire, commanding them to appear in court on the day and hour 
named in the venire, which shall not be later than ten days from 
its date, and sworn as jurors upon the trial of such claim. 

Sec. 4745-4. [How notice given.] The probate court shall 
cause a notice to be served upon the appellant and upon the board of 
county commissioners to attend at the time and place designated for 
hearing such appeal, which notice shall be served by delivering each 
person named therein a copy thereof, or by leaving such copy at his 
usual place of residence, and if any parties are non-residents of the 
county, and have an agent or attorney therein, service on such agent 
or attorney shall be sufficient, or such notice may be sent to another 
county for service upon any party residing or being therein; and if 
the appellant is a non-resident, when he perfects his appeal, he shall 
leave with the probate judge the name of an agent or attorney in the 
county upon whom service of such notice may be made ; and if he fail 
to do so no service upon him shall be necessary; and service upon a 
guardian shall be sufficient service upon his ward; and all further 
proceedings upon such appeal, relating to challenges, selection of 
talesmen, oath of jurors and conduct of the trial shall be the same 
as is prescribed in sections four thousand seven hundred and two and 
four thousand seven hundred and three of the Revised Statutes of Ohio 
in so far as such proceedings are applicable to the trial of the appeal 
herein provided for. 

Sec. 4745-5. [Costs; how paid.] If the compensation awarded 
to such appellant on appeal is not greater than the compensation al- 
lowed by the board of county commissioners, such appellant shall 
pay all the costs made on such appeal, and judgment shall be entered 
against the appellant therefor, for which execution shall be awarded ; 
but if, upon such appeal, a greater compensation is awarded than 
was awarded by the board of county commissioners, judgment shall 
be entered against said board of commissioners for such costs. 

Sec. 4745-6. [Van Wert county; tax for road repair material.] 

In any county which at the last federal census had, or which at any 



272 LAWS RELATING TO AGRICULTURE. 

future federal census may have a population of not less than twenty- 
nine thousand and fifty (29,050) and not more than twenty-nine 
thousand and eight hundred (29,800), the commissioners of any such 
county to pay for such material shall levy a tax upon all the taxable 
property in said county not exceeding one (1) mill on the dollar valua- 
tion, and for a period not exceeding five years, the total sum to be 
thus raised not exceeding eight thousand ($8,000.00) dollars. 

Sec. 4745-7. [Bonds.] To anticipate the receipts which may 
come in to the county treasury by reason of such tax, the commis- 
sioners of any such county may borrow such sums of money as shall 
not exceed altogether said eight thousand ($8,000.00) dollars, and issue 
bonds therefor at a rate of interest not exceeding six (6) per cent, per 
annum, which bonds shall be payable at a time not exceeding five (5) 
years from date of issue, and to be paid out of the funds realized from 
said tax levy. 

Sec. 4745-8. [Free use of material.] The commissioners of any 
such county shall allow the free use of any such material by road su- 
pervisors and township trustees, and any other authority in any such 
county having the care and control of public roads and streets in 
such county, to be used for constructing, improving and repairing 
roads and streets. 

Sec. 4746. [Removal of obstructions.] At any time during the 
year when any public highway is obstructed, the road superintendent 
of the district shall forthwith cause the obstruction to be removed, for 
which purpose he shall immediately order out such number of persons 
liable to do work upon the public highways of his district as he may 
deem necessary ; or if no persons liable to do work are in such district, 
the road superintendent may employ such men as are necessary, certi- 
fying the bills for the same to the trustees of the township, to be paid 
as other bills are paid. (O. L. v. 98, p. 339.) 

Sec. 4747. [Roads on state or township lines.] A road superin- 
tendent of a road district bordering on the state line between Ohio and 
adjoining state. may, when a public highway has been located upon 
such state line in accordance with and under the provisions of the 
laws of the state of Ohio, apply the labor of his district upon said 
road, in the same manner as on roads located within the boundaries 
of the state ; and in case any public road is or may be established as a 
part of the line or boundary of any township or municipal corpora- 
tion, the trustees of such adjoining townships, and council of such 
corporations, as the case may be, shall meet at some convenient place 
as soon after the first Monday of March as convenient, and apportion 
such road between the townships, or township and corporation, as 
justice and equity may require, and the trustees of the respective 
townships, and council of the corporation, shall cause the road to be 
opened and improved accordingly, and shall thereafter cause their 
respective portions to be worked and kept in proper repair. (O. L. v. 
98, p. 3390 

Sec. 4747-1. [Highways along state line.] When it may be 
desirable to lay out, construct or improve, by grading, graveling or 






LAWS RELATING TO AGRICULTURE. 273 

macadamizing any state or county road on or along the state line, 
between the state of Ohio and any adjoining state, the boards of 
county commissioners of the several counties of this state adjoining 
any other state, are hereby authorized and empowered to join with 
the boards of county commissioners or other proper authorities of 
any adjoining counties of other states, in the construction and im- 
provement in the manner aforesaid of such roads above described ; 
and said boards of county commissioners are hereby authorized and 
empowered to enter into contracts jointly, with said boards of county 
commissioners or other proper authorities of said adjoining counties 
in adjoining states, for the construction and improvements of said 
roads, each county to pay such proportion of the costs of said im- 
provement as shall be determined and agreed upon by and between 
said boards of county commissioners or other proper authorities of 
such adjoining states, and the board of county commissioners of any 
such county in this state, the share of no county in this state to exceed 
one-half the entire cost of said improvement ; but any road so con- 
structed or improved as above described- shall be free of all tolls. 

Sec. 4747-2. [By what law county commissioners governed.] 
In the exercise of the powers enumerated and granted in section one 
[§(4747-1)] of this act, the board of county commissioners of any 
county in this state shall be governed by and in accordance with the 
provisions contained in chapters six, seven and eight, division two, title 
seven, part two of the Revised Statutes of Ohio, and in all acts amend- 
atory thereof or supplementary thereto, so far as the same shall be 
applicable. 

Sec. 4748. [Obstruction of road by railroad agents.] If any 

person or corporation, or a conductor of any train of railroad cars, 
or any other agent or servant of a railroad company, obstruct, un- 
necessarily, any public road or highway authorized by any law of this 
state, by permitting any railroad car or locomotive to remain upon or 
across the same for a longer period than five minutes, or permit any 
timber, lumber, wood, or other obstructions to remain upon or across 
the same to the hindrance or inconvenience of travelers, or any per- 
son passing along or upon such road or highway, every person or cor- 
poration so offending shall forfeit and pay, for every such offense, 
any sum not exceeding twenty nor less than two dollars, and shall 
be liable for all damages arising to any person from such obstruction, 
or injury to such road or highway, to be recovered by an action at the 
suit of the trustees of the township in which the offense is committed, 
or of any person suing for the same before a justice of the peace with- 
in the county where the offense is committed, or by indictment in the 
court of common pleas in the proper county; every twenty-four hours 
such person or corporation, after being notified, suffers such obstruc- 
tion to remain, shall be deemed an additional offense against the pro- 
visions of this section ; and all fines accruing under this section, when 
collected, shall be paid to the treasurer of the township in which the 
offense was committed, and be applied by the trustees to the improve- 
ment of roads and highways therein. 

Sec. 4749. [Company liable for fines against employes.] Every 
railroad company or other corporation, the servant, agent, or employe 

18-F. H. B. 



274 LAWS RELATING TO AGRICULTURE. 

of which in any manner, obstructs any public road or highway, shall 
be liable to pay all fines which may be assessed against such servant, 
agent, or employe for so obstructing the same, and such liability may 
be enforced by execution issued against such corporation on the judg- 
ment rendered against such servant, agent, or employe. 

Sec. 4750. [How fires in woods or prairies extinguished.] 

Whenever the woods or prairies in any township are on fire so as 
seriously to endanger property, the trustees of such township may or- 
der as many of the inhabitants of the township, liable to work on the 
highways, and residents in the vicinity of the place where such fire 
is as they deem necessary, to repair to the place where such fire is, 
and there to assist in extinguishing the same, or stopping its pro- 
gress ; and every person called out under the provision of this section 
shall be allowed, by the supervisor of his road district, to be applied 
on his poll or road tax, the same amount per day that he is now 
allowed for work on public highways. 

Sec. 4751. [Penalties for refusal to assist.] If a person refuse 
or wilfully neglect to comply with such order, he shall forfeit a sum 
not less than five nor more than fifty dollars, to be collected before 
any justice of the peace of the township. 

Sec. 4752. [Bridges over mill-races.] No person possessed of 
the right to any water privilege shall be required to erect a bridge over 
any mill-race or water-course, excavated or constructed by such per- 
son across any public road or highway for hydraulic purposes ; nor 
shall any person be required to keep in repair any bridge that has 
been or may hereafter be erected over any mill-race or water-course 
so excavated or constructed. 

Sec. 4753. [Mill-races across roads.] When any public high- 
way is hereafter laid out and established the person possessed of any 
such right, shall within one year thereafter, file in the office of the 
auditor of the county, a declaration of such right, in writing, describ- 
ing the same, and setting forth therein the place at which as near as 
practicable, he intends at some future day to excavate and construct 
a mill-race or water-course across such highway ; which declaration 
shall be recorded by the auditor and thereafter such right shall be 
considered valid in law for the benefit of such person, his heirs, or 
assigns; but nothing in this section shall be so construed as to pre- 
vent any person possessed of such right from excavating and con- 
structing a mill-race or water-course across any public highway that 
has heretofore been laid out and established on giving the notice re- 
quired by the next section. 

Sec. 4754. [Notice to be given of intention to construct mill- 
race.] When any person excavates or constructs a mill-race across 
a public highway, he shall give at least thirty days' previous notice, 
in writing, to the trustees of the proper township, of his intention so 
to do ; and if he fail or neglect to give such notice, the supervisor of 
the proper road district may, if, in his opinion, the public good de- 
mands it, fill up such mill-race, or water-course, at the cost of the 
party so failing and neglecting to give the notice, to be recovered by 



LAWS RELATING TO AGRICULTURE. 275 

the supervisor, together with fifty per centum thereon, and the costs 
of suit, for the use of such road district, in an action before any court 
of competent jurisdiction. 



ROAD DISTRICTS, 

Sec. 4757-1. [Organization of roatl districts; how governed and 
controlled.] In any county two or more adjacent townships, not ex- 
ceeding four townships, occupying contiguous and compact territory, 
may organize into road districts. Such road districts shall be gov- 
erned and controlled for the purpose of constructing pikes, and im- 
proving roads as herein provided by a road commission, composed of 
not more than four in number. 

[Road commission; how appointed; nominations by township 
trustees; removals and vacancies.] Such commission shall be ap- 
pointed by the county commissioners of such county, not more than 
one of whom shall be a resident of any such township composing: such 
road district, and such commissioner shall be nominated by the re- 
spective township trustees, and may be removed at any time for in- 
competency or neglect of duty by said county commissioners, and said 
county commissioners shall in like manner, make appointments to 
fill all vacancies in the office of the said board of road commissioners, 
caused by death, removal, resignation or otherwise of any road com- 
missioner, and such person so appointed shall hold such office for the 
unexpired term of the person in whose stead he Was appointed, and 
until his successor is appointed and qualified, unless removed for in- 
competency or neglect of duty by said county commissioners ; and 
not less than ten days prior to the expiration of the term of office of 
any person holding such office of road commissioner, said board of 
county commissioners shall in like manner appoint his successor in 
office for the term as provided by section 7 of the Revised Statutes 
as herein amended; provided that all persons heretofore appointed to 
the office of road commissioner, shall hold such office for the full 
term for which he was appointed and until his successor is appointed 
and qualified, unless removed at any time for incompetency or neglect 
of duty by said county commissioners. 

[When appointment to be made.] Provided, that no such ap- 
pointment of road commissioners shall be made or such commission- 
ers appointed until the construction of such a road district shall be 
petitioned for, to the county commissioners, by at least fifty or more 
of the resident taxpayers of each of such towmships asking for the 
improvement of the public roads of such townships and asking for 
the establishment of such road districts. (O. L., v. 97, p. 94.) 

Sec. 4757-2. [How districts created.] The county commission- 
ers on receiving such written petitions from the respective townships 
shall be authorized to forthwith pass resolutions and place the same 
upon their journal organizing such townships into a road district and 
notify the respective boards of trustees of such townships of such 
action, and the same shall, within ten days thereafter, be considered 
and held to be a road district for the purposes of this act. 



276 LAWS RELATING TO AGRICULTURE. 

[Notice to trustees to make nominations; selection of board; ap- 
portionment politically.] Said county commissioners shall forthwith, 
after the expiration of such ten days, notify, in writing, the township 
trustees to nominate suitable persons for the office of road commis- 
sioner and from such nominees so presented by such trustees, the 
county commissioners shall select a non-partisan board not more than 
two of whom shall be a member of any one political party. 

[Meeting of board for organization.] Said board shall forthwith 
meet at the county seat and organize by electing one of their number 
president, and one of their number secretary, and shall keep a record 
of all their proceedings. 

Sec. 4757^3- [Submission of question of improving roads.] 

Within ten days after said commission is duly organized, it shall noti- 
fy the deputy state supervisors of elections of such county, of its said 
organization, whereupon it shall be the duty of the deputy state su- 
pervisors of elections to submit the question of improvement of the 
public roads of such road district, to the qualified electors thereof 
at any general or special election. The qualified electors, of any such 
district including any village or city situated therein shall at such 
election have submitted to them the proposition of improvcing the 
public roads within such district by general taxation levied upon prop- 
erty in such district. 

[Form of ballot.] And those voting in favor of such proposition 
shall have on their ballots, "Road improvement by general taxation — 
Yes," and those opposed, "Road improvement bv general taxation — 
No." 

[Notice of election.] The said road commissioners shall cause 
notice of such election to be given in at least two of the newspapers 
published in or of general circulation in such road district, and shall 
also cause handbills or posters announcing the same to be posted up 
at the usual place of holding elections in each ward and precinct in 
such road district at least ten days prior to such election. 

Sec. 4757-4. [Appointment of judges and clerks; returns; com- 
pensation.] The -deputy supervisors of elections of such county shall 
appoint four judges and two clerks for each ward and precinct in 
such road district, who shall conduct such election in like manner 
as is by law provided for holding other elections. They shall forth- 
with return to the deputy supervisors of such county, a full and cor- 
rect abstract of the vote cast at such election, and shall be governed 
in all other respects by the laws regulating general elections and shall 
receive the same compensation as judges and clerks of other elec- 
tions, which shall be paid in accordance with general statutes. 

[Canvass of votes.] The poll-books and abstracts so returned 
to the deputy state supervisors of elections, shall, within two days 
thereafter, be opened by them and a correct statement of the result 
shall be entered upon the records of the county commissioners by the 
auditor of the county for public inspection. 






LAWS RELATING TO AGRICULTURE. 277 

Sec. 4757-5. [Effect of negative vote.] If, at such election, a 
majority of the votes cast are against the proposition of improving 
the public roads by general taxation, the said road commissioners 
shall not assess any tax for that purpose, and their duties shall cease. 

Sec. 4757-6. [Effect of affirmative vote; designation of roads for 
improvement; employment of counsel, etc.; purchase of road roller, 
etc.] If at such election, a majority of the votes cast be in favor of 
the policy of improvement of the public roads of such district, by gen- 
eral taxation, such road commissioners shall each year designate and 
determine what roads should in their opinion be improved in said year. 
Said commissioners shall also determine each year the extent of such 
improvement in each township, at what points the improvement shall 
begin, and how much improvement shall be completed annually. No 
public highway within the corporate limits of any city or village in 
such road district shall be improved unless such road extends through 
such road district continuously. Such road commissioners shall have 
power to employ counsel, a clerk or bookkeeper, when necessary, also 
a competent engineer and such assistants as they deem necessary, 
who shall make a map of the roads so designated each year and make 
profiles of such roads showing the grades thereof as they exist, and 
prepare such other information as may be required by the commis- 
sioners, all of which shall be kept on file in the county auditor's office 
for public inspection, and shall be notice to the public. The road 
commissioners shall also have power to purchase road roller and any 
and all other machinery and appliance as they made [may] deem 
necessary in the improvement of the roads under their charge and they 
shall have power to employ any and all labor necessary to operate 
such appliance; they shall also have power to hire conveyance for 
the engineer and his assistants to and from the place where they 
may be employed, when in the opinion of the commissioners the 
same is desirable, but in no case shall livery hire for same exceed one 
dollar and fifty cents per day. (O. L. v. 98, p. 292.) 

Sec. 4757-7. [Term of office of commissioners; oath and bond; 
compensation.] The commissioners so appointed shall hold their 
office during a term of four years, and each road commissioner shall 
hold office till his successor is appointed and qualified, unless removed 
for incompetency or neglect of duty by said county commissioners. 
Before entering upon the discharge of his duty, each commissioner 
shall take an oath of office to honestly and impartially discharge the 
duties thereof with a view to the public welfare, and give bond in the 
sum of fifteen hundred dollars, payable to the state of Ohio, for the 
use of the road district, conditioned that he will so discharge his 
duties, which bond shall be approved by the county commissioners 
and kept on file in the county auditor's office. Each road commis- 
sioner shall receive two dollars compensation for each day actually 
employed and shall receive no further compensation nor shall livery 
hire nor expense be allowed. The engineer employed by the road 
commissioners shall receive not more than four dollars per day, and 
each assistant shall be allowed not more than one dollar and fifty 
cents per day for each day actually employed, as may be agreed upon 
by the road commissioners. The clerk or bookkeeper employed by 
the road commissioners shall be allowed not more than one dollar per 



278 LAWS RELATING TO AGRICULTURE. 

day, as shall be agreed upon by the road commissioners. The com- 
pensation of the commissioners, engineers, and assistants shall be al- 
lowed by the county commissioners, and the same and counsel ser- 
vices, together with any and all other necessary expenses, shall be 
paid out of the road fund raised for the purpose of making such road 
improvements. (O. L., v. 98, p. 292.) 

[Compensation.] Each road commissioner shall receive two dol- 
lars compensation for each day actually employed. The engineer 
employed by them shall receive not more than four dollars per day, 
and each assistant shall be allowed not more than one dollar and fifty 
cents per day, for each day actually employed, as may be agreed upon 
by the road commissioners. The compensation of the commissioners, 
engineer and assistants shall be allowed by the county commissioners, 
and the same and counsel services allowed by the road commissioners 
shall be paid out of the road fund raised for the purpose of making 
such road improvements. 

This paragraph is practically covered by the preceding section. 

Sec. 4757-8. [Selection of roads for improvement.] Immediately 
after the report of such road commissioners and the map and profiles 
of such engineer have been filed, such road commissioners shall, in de- 
termining which road shall be first improved of those designated, 
select the most public roads of the road district both east and west 
and north and south, and if, in their opinion it is not expedient to 
undertake the improvement of such selected roads in all directions at 
one time, they shall proceed to first improve the most prominent 
thoroughfare in such district. 

Sec. 4757-9. [County auditor ex officio member.] The county 
auditor shall be ex officio member of said board but shall only have 
a vote in case of a tie vote on any question before said board of road 
commissioners. 

[Record kept by commissioners.] The said road commissioners 
shall cause to* be kept by the secretary or clerk of the board in a rec- 
ord book to be provided by them for that purpose, a full and com- 
plete record of their proceedings under this act relating to the im- 
provements of all public roads acted upon by them; and also an 
accurate, separate account of receipts and expenditures under its pro- 
visions. 

[Payments for improvement.] And no money raised for the im- 
provement of such roads shall be drawn from the treasury except to 
pay liabilities already accrued and then only in pursuance of orders 
issued by said road commissioners or a majority of them while in 
session as a board to be entered upon the record of their proceed- 
ings, upon a yea and a nay vote, and by orders drawn in pursuance 
thereof by the auditor of the county and in favor of the persons only 
to whom the money is due. 

Sec. 4757-10. [Work of construction let on bids.] When such 
road commissioners have by resolution determined to improve a des- 
ignated road or part thereof, the work of its construction, including 
all labor and the hauling and spreading of material, shall be by them 



LAWS RELATING TO AGRICULTURE. 279 

publicly let to the lowest responsible bidder; and the furnishing of 
the material shall also be by them publicly let at the same time, if 
possible, to the lowest responsible bidder. Provided that said road 
commissioners shall have the right to purchase any or all materials 
and secure the performance of any or all labor in any other manner, 
if said bids are not satisfactory to the board, or if no bids are re- 
ceived by the board. Due notice of such letting shall be given by 
publication in at least one newspaper of general circulation in said 
road district and by posters judiciously posted for a period of two 
consecutive weeks prior to such letting. (O. L., v. 97, p. 96.) 

Sec. 4757-11. [Contract; what to contain.] All contracts shall 
be let upon plans and specifications adopted by the road commission- 
ers and engineer, and said plans and specifications shall describe the 
road to be improved, and shall specify the various kinds of labor re- 
quired, and the materials which shall enter into the construction of 
such road improvement. Bidders shall be required to separately 
state their bids for each class of w^ork in such manner and upon such 
blank forms as the road commissioners may require. 

Sec. 4757-12. [Contractor's bond.] Each contractor shall be re- 
quired to give bond in an amount not less than the contract price 
with sufficient sureties, at least one of whom shall be a resident of 
the county, for the faithful performance of his contract, payable to 
the state of Ohio for the use of the road district and which bond 
shall be so conditioned and the contract, plans and specifications shall 
form part of the same, and the same shall be approved by the road 
commissioners. The form of all contracts and bonds and all pro- 
ceedings by the road commissioners shall be approved by their at- 
torney. 

Sec. 4757-13. [Commissioners to have charge of and superin- 
tend improvement; how payments made.] The road commissioners 
shall have charge of and superintend the improvement of the roads 
under their charge. No payment for work or material shall be made 
except upon the estimates of the engineer in charge and by him duly 
certified of the work actually performed and the materials actually 
furnished, and after reserving such per cent, not less than ten, as may 
be fixed by the parties to the contract to guarantee the performance 
thereof, and approved by the board of commissioners or a majority 
thereof. (O. L. v. 98, p. 293.) 

[How payments made.] No payments for work or material shall 
be made except upon the estimates made by the engineer in charge, 
and by him duly certified of work actually performed and the materials 
actually furnished, and after reserving such per cent., not less than 
ten, as may be fixed by the parties to the contract to guarantee the' 
performance thereof, and approved by the board of road commission- 
ers or a majority thereof. 

Sec. 4757-14. [Roads improved shall be free turnpikes; width.] 
All roads improved under the provisions of this act shall be free 
turnpikes. No road shall be improved which is less than thirty- 
five feet in width. Before work on any improvement is commenced 



280 LAWS RELATING TO AGRICULTURE. 

on any road, the road commissioners shall give at least ten days' no- 
tice to any landowner whose fences or other structures encroaches 
on such road, to remove the same, and on failure to so remove the 
same, the contractor doing the work of construction shall forthwith re- 
move the same, and the cost of such removal shall be certified by the 
road commissioners to the county auditor who shall enter the same on 
the tax duplicate as in other like cases, against the land of such own- 
er, and the same shall be a lien thereon ; and the road commissioners 
shall have the power to regulate the width of tires to be used on the 
improved roads in such road district as is conferred upon county. com- 
missioners in section 4904 of the Revised Statutes and the penalties 
provided by section 4905 of said statutes shall be applicable and im- 
posed for any violation of the rule adopted by such road commission- 
ers to regulate travel on such improved roads. (O. L., v. 97, p. 96.) 

Sec. 4757-15. [Oath and bond of superintendent and engineer.] 

Such superintendent and engineer, before entering upon their duties, 
shall take and subscribe to an oath of office, and shall give bond in 
the sum of three thousand dollars each, payable to the state of Ohio, 
for the use and benefit of such road district, conditioned that they will 
faithfully and honestly discharge their duties all and singular as su- 
perintendent and engineer of improved roads of such road district. 

Sec. 4757-16. [Bonds may be issued.]. .For the purpose of pro- 
viding money necessary to meet the expense of improving said roads, 
the said board of road commissioners, if in their opinion it is advis- 
able, shall issue bonds of the said road district, payable at such times 
as they may determine, not exceeding fifteen years, in sums of five 
hundred to one thousand dollars each, bearing interest at a rate not 
exceeding six per cent, per annum, payable semiannually. But such 
bonds shall not be sold for less than their par value, and the aggregate 
amount of the bonds of any such road district at any time outstanding 
shall not exceed two hundred and fifty thousand dollars. The sale of 
all such bonds shall be advertised for at least thirty days in two news- 
papers in such county and the secretary of such board shall send 
marked copies of such advertisement to at least ten leading bond buy- 
ers in the state or other states, and such bonds shall be sold to the 
highest bidder. Said road commissioners shall have the right to reject 
any and all bids. (O. L., v. 98, p. 293.) 

[Advertisement of sale.] The sale of all such bonds shall be ad- 
vertised for at least thirty days in two newspapers in such county, 
and the secretary of such board shall send marked copies of such ad- 
vertisement to at least ten leading bond buyers in the state or other 
states, and such bonds shall be sold to the highest bidder. Said road 
commissioners shall have the right to reject any and all bids. 

Sec. 4757-17. [Levy to provide payment of improvement and 
redemption of bonds.] When the commissioners of any such road 
district have determined to improve any road or roads as herein pro- 
vided, in order to provide for the payment of such improvement and 
to provide for the funds for the redemption of the bonds issued by 
.them under the provisions of this act, together with the interest 
thereon, they shall report the same to the county commissioners who, 



LAWS RELATING TO AGRICULTURE. 281 

in addition to the other road taxes authorized by law, shall levy an- 
nually, upon each dollar of the valuation of all the taxable property 
of said road district, an amount not exceeding three mills upon each 
dollar of such valuation, and shall continue such levy from year to year, 
until all the roads by such commissioners designated for improvement 
have been improved as herein provided, and the bonds issued for that 
purpose, together with the interest thereon, have been paid. 

Sec. 4757-18. [Commissioners to certify levy to county auditor.] 

Such county commissioners of any such county shall cause the 
amount of the taxes by them levied each year, under this act, to be 
certified to the auditor of the county in which it is located as other 
taxes are certified to him, and the same shall be by him placed upon 
the duplicate of taxable property of such road district, including all 
cities and villages therein situated, and the same shall be collected by 
the county treasurer in like manner as other taxes are kept. 

Sec. 4757-19. [Repair of roads; tax levy.] All improved roads 
in said district shall be kept in repair by the road commissioners, in 
the same manner as is provided by the general statutes for repair of 
roads; and to enable said road commissioners to keep the same in 
repair, there shall be annually levied by the county commissioners, 
upon each dollar's valuation of all the taxable property in said road 
district, an amount not exceeding five-tenths of a mill, as may be 
deemed necessary by the road commissioners, and the county auditor 
shall place the amount of taxes levied each year for such repairs upon 
the duplicate of the taxable property of the road district, including 
all cities and villages therein, and the same shall be collected by the 
county treasurer as other taxes are collected, or by distress or civil 
action. (O. L., v. 97, p. 97.) 

Sec. 4757-20. [Receipt and disbursement of moneys.] The 

treasurer of the county in which any such road district is situated 
shall receive and disburse all moneys arising from the provisions of 
this act on certificate and orders as herein provided and the said re- 
ceipt and disbursement of the said moneys shall be deemed a part 
of the duties of the said treasurer and he shall receive no compensa- 
tion either directly or indirectly out of the moneys of the said road 
district and disbursement of the said moneys. (O. L., v. 98, p. 293.) 

Sec. 4757-21. [Contracts heretofore entered into declared valid.] 

All contracts entered into by any acting board of road commissioners 
appointed by the county commissioners, pursuant to the act passed 
April 26, 1898, shall be. valid notwithstanding any defect that may 
exist in said act relating to the term of office or duties of any road 
commissioner. (O. L., v. 97, p. 97.) 

TURNPIKES. 

Sec. 4758. [When and where commissioners may build turn- 
pikes; repairs by commissioners of streets in municipalities.] The 

county commissioners of any county, when they become satisfied that 
the public interest of their county demands and justify special action 
for the improvement of the roads therein, may appoint three disin- 



282 LAWS RELATING TO AGRICULTURE. 

terested freeholders of their county as commissioners, to view, survey 
and locate one or more roads, beginning at and leading from the county 
seat of the county, or such other and eligible points as may be deemed 
proper, and running by such direct and eligible route as they may find 
best for the public convenience, and terminating at any point within 
or at the county line; but they are not authorized or required to con- 
struct any such road within the corporate limits of the town or city 
where the county seat is located, when according to the last federal 
census, more than one . thousand inhabitants are contained in such 
corporate limits ; and for the purpose of improving and repairing 
those streets in such towns or cities as are a continuation through the 
same, of the roads heretofore improved under the provisions of this 
section, the county commissioners shall cause to be expended, in the 
manner prescribed by law for repairing such roads, so much of the tax 
collected therein for turnpike purposes as may be necessary to keep 
such streets in good repair. 

Sec. 4759. [Manner in which road must be constructed.] The 

roads established and constructed under this chapter shall be opened 
not more than sixty nor less than forty feet wide, and at least twenty 
feet in width shall be turnpiked with earth so as to drain freely to the 
sides, and raised with stone, brick, gravel or other material equally 
as good not less than eight nor more than sixteen feet in width, nor 
less than twelve inches thick in the center, and not less than eight 
inches thick at the outer edges of such bed of stone, brick or gravel, 
well compacted together in such manner as to secure, a firm, even and 
substantial road ; but the commissioners may, in their discretion, cause 
the road to be constructed wholly of earth, when stone, brick or 
gravel or other material equally as good is not accessible to the line 
of the road; in no case shall the grade of ascent or descent on the 
road be greater than seven degrees; 

[Bridges and Culverts.] The road shall be well provided with 
all necessary side drains, waste-ways and under drainings, to prevent 
overflowing or washing by water and with substantial bridges or 
culverts at all crossings of water-courses ; which bridges and culverts 
shall be built as a part of said road, and paid for out of said turnpike 
funds. But any such bridges (substructure and superstructure in- 
clusive), the estimated cost of which exceeds five hundred dollars, 
shall be erected and let separate from the rest of the work, in ac- 
cordance with the provisions of chapter I of title VI, part one of the 
Revised Statutes of Ohio. The provisions of section eight hundred and 
seventy-seven, and section tzvo thousand eight hundred and twenty-five, 
and section tzvo thousand eight hundred and thirty-four b (2834b) of 
the Revised Statutes shall not apply to the making of any of the 
improvements under this chapter. (O. L., v. 97, p. 57.) 

Sec. 4760. [Upon petition county commissioners may authorize 
turnpike commissioners to take measures for construction of turnpike.] 

When a majority of all the land owners residing in the county, whose 
lands will be assessed for the construction of any free turnpike as pro- 
vided in this chapter, shall present a petition to the board of county 
commissioners at any regular or special session, stating the kind of 
improvement prayed for and the points between which the same is 



LAWS RELATING TO AGRICULTURE. 283 

asked, and shall file a bond signed by one or more responsible free- 
holders, condition for the payment of all the expenses of the prelimi- 
nary survey and report, if the improvement be not finally ordered, 
the county commissioners may authorize the commissioners by them 
appointed to call to their assistance the county surveyor, with the nec- 
essary and proper assistance to proceed on a day to be named by the 
county commissioners to examine, view, lay out and straighten such 
road, or, to lay out, survey and locate such turnpike road through or 
upon any improved or unimproved lands, on the best route between 
the point of beginning and termination, as in their opinion public 
convenience and utility require and to obtain by grant, or take proposi- 
tions for the purpose from the owners of land over which the road 
will pass, the right of way, and to take timber and other materials 
necessary to the construction and repair of the same ; and determine 
and assess the damages sustained by any person through whose 
premises the road is proposed to be laid out, straightened, or im- 
proved, but the viewers shall not be required to assess damages to any 
person except minors, idiots or lunatics, in consequence of the appro- 
priation of any private property or the making of the improvement, 
unless the owner thereof, or his agent file a written application with 
the viewers, giving a description on which damages are claimed by 
them. 

Sec. 4760a. [Duty of county auditor after petition filed.] The 

county auditor shall thereupon give notice to the county commission- 
ers of the filing of said petition, and thereupon the commissioners 
shall fix a date for the meeting of the viewers and surveyor to view, 
lay out and locate said road not more than thirty days from the date 
of said notice and shall also fix a date for the hearing of said petition 
which shall not be less than ten days from and after the day fixed 
for said view. The county auditor shall also notify the county sur- 
veyor and viewers or commissioners appointed to view and locate 
such turnpike road of the time and place of their meeting to make 
the view. He shall also prepare and deliver to said petitioner, or any 
one of them, a notice in writing, directed to the lot or land owners 
and to the corporations either public or private affected by said im- 
provement, which notice shall state the time and place of the meeting 
of the viewers and surveyor and the time and place of the hearing of 
said petition, also the kind of improvement asked for, the place of 
beginning, intermediate points, if any, the place of termination and 
the names of all persons whose lands may be assessed for the cost 
and expense of said improvement, a copy of which notice shall be 
served upon each lot or land owner or left at his or her usual place 
of residence, and upon an officer or agent of each public or private 
corporation having its place of business in the county, at least fifteen 
days before the day set for said view, and the person who serves 
such- notices, shall make return on the notice, under oath, of the time 
and manner of service and file the same with the auditor on or before 
that day ; said auditor shall, at the same time, give a like notice to 
each nonresident lot or land owner by publication in a newspaper, 
printed and of general circulation in the county, for three consecutive 
weeks prior to the meeting of the viewers and surveyor, which notice 
shall be verified by the affidavit of the printer, or other person know- 
ing the fact, and filed with the auditor on or before that day. The 



284 LAWS RELATING TO AGRICULTURE. 

viewers and surveyor or engineer shall make a report to the county 
commissioners on or before the day fixed for the hearing of said pe- 
tition, showing the public necessity of the contemplated improve- 
ment, together with a statement of the lots and lands which will be 
benefited thereby, and which ought to be assessed for the costs and 
expenses of the said improvement. The county auditor shall rceeive 
for his services under this chapter, in addition to the fees provided for 
in section 1074 of the Revised Statutes, six cents per one hundred 
words ,for each notice, but in no case more than twenty-five cents 
for any one notice, herein provided for, and the person who serves 
such [said] notices shall receive two dollars for each day actually 
employed in said service. (O. L., v. 98, p. 23-24.) 

Sec. 4761. [Compensation and damages; filing amount to save 
costs; locating over other roads.] When said commissioners and the 
owner or owners fail to agree as to the amount of compensation and 
damages, then the same shall be ascertained and determined by the 
board of county commissioners, and if said board of county com-, 
missioners and the owner or owners fail to agree as to the 
compensation and damages, or when the owner is unknown, 
nonresident, not personally served in writing with amount of compen- 
sation and damages tendered him or them by the county commission- 
ers, or incapable of contracting, then the same shall be ascertained and 
adjusted by proceedings had in the name of the county commission- 
ers, under the law providing for the appropriation of private property 
by cities and villages ; provided, however, when any owner or owners 
not unknown, or not nonresident, who have not been personally served 
in writing with amount of compensation and damages tendered him 
or them by the county commissioners, or not legally incapacitated 
from entering into a contract, and said commissioners fail to agree 
as aforesaid, they shall cause to be filed with the proceedings brought 
in the name of the county commissioners, the amount of compensa- 
tion and damages by them tendered in writing to such owner or 
owners, and unless said owner or owners shall be allowed by the 
jury in said proceeding, compensation and damages in excess of the 
amount allowed and tendered by said commissioners, then said owner 
or owners shall pay all costs made in said proceedings in the name of 
the board of county commissioners; and the county commissioners 
may authorize the viewers or commissioners by them appointed to lo- 
cate the road upon the whole or any part of any state, county, or 
township road heretofore laid out and established within the county 
and widen, alter, change, or vacate the same, or any part thereof, sub- 
ject to the rules as to compensation for property appropriated as 
aforesaid. 

Sec. 4762. [County commissioners may require donations.] Be- 
fore determining upon the location or establishment of any such turn- 
pike road, the county commissioners may require donations of money, 
and written agreements on the part of taxpayers of the county subject- 
ing their taxable property to taxation annually, to aid in the location 
and construction of the same during the term of years named therein, 
and at the rate therein specified, which agreements shall be filed and 
recorded in the office of the county auditor, and from the time of such 
filing and recording shall operate as a lien upon the real estate of the 



LAWS RELATING TO AGRICULTURE. 285 

several parties joining therein as donors for the purpose therein pro- 
vided; all revenues derived from donations in money and taxation shall 
be kept and held as a separate fund in the county treasury, and shall 
be applicable only to the purposes of locating- and constructing such 
turnpike roads ; and if the commissioners determine not to establish 
and construct such road, then any money received as donations shall 
be refunded, and the agreements for donations by taxation, shall be- 
come inoperative. 

Sec. 4763. [Question of general tax for turnpikes must be sub- 
mitted to electors.] The commissioners shall not levy any general 
tax, nor appropriate any money, except so far as may be necessary to 
pay the expense of preliminary surveys already commenced, or any 
other liabilities already incurred, to be expended in the construction of 
such turnpikes, without first submitting to the qualified voters of the 
county the question as to the policy of constructing such roads by 
general tax, which submission shall be made at any annual spring or 
fall -election ; and the commissioners shall cause public notice of such 
vote to be given by publication in all the newspapers printed and of 
general circulation in the county, and also by causing hand-bills to be 
posted up, at the usual place of holding elections, in each township 
and ward throughout the county, at least fifteen days prior to such 
election ; provided, that in any county in which such question has 
heretofore been submitted, under the authority of an act entitled "an 
act to authorize county commissioners to locate and construct turn- 
pike roads," passed April 30, 1869, and acts amendatory thereto, and 
in which, at such election, the majority of the votes cast were in favor 
of such policy, no vote shall be again required to authorize the com- 
missioners to continue such tax and improve roads as provided for in 
this chapter. 

Sec. 4764. [Conduct of the election.] The judges of such elec- 
tion in the several townships and wards in any county in which such 
question is submitted, and such notice given, as aforesaid, shall open 
a poll for taking such vote, receive and count the ballots cast, and 
within three days thereafter return to the auditor of the county a full 
an'd correct abstract of the votes, and shall in all respects be governed 
by the laws regulating general elections, and be entitled to the same 
compensation for returning the poll-books, which shall be paid out of 
the county treasury on the order of the auditor ; and the poll-books so 
returned shall, within five days from the day of holding such election, 
be opened, and the votes counted by the commissioners and auditor 
of the county, and a correct statement of the result shall be kept by 
the auditor on file in his office for public inspection. 

Sec. 4765. [Question may be again submitted.] If at such elec- 
tion a majority of the votes so cast be against the policv of construct- 
ing such turnpikes, the commissioners shall not assess any tax for that 
purpose, but they may, on petition of not less than one hundred tax- 
payers of the county, again submit the same question at any regular 
annual election, either in the spring or fall, to the qualified voters of 
the county, notice of which shall be given and the election conducted 
in all respects in the manner prescribed in the two preceding sections. 



286 LAWS RELATING TO AGRICULTURE. 

Sec. 4766. [Effect of an affirmative vote.] If at any such elec- 
tion a majority be found in favor of the construction of such turnpikes, 
the commissioners may proceed to levy taxes, issue bonds, and appro- 
priate and expend money in the construction of such turnpike roads, 
as in their judgment may be necessary to the public convenience, and 
promotive of the public interest. 

Sec. 4767. [When petition shall be granted, and assessment may 
be made.] When the report of the viewers and surveyor or engineer 
is filed, the county commissioners shall, on the day fixed for the hear- 
. ing of said petition, unless such report shows that there is no public 
necessity for the contemplated improvement, proceed to hear the same, 
unless said hearing should for any cause be adjourned to another 
day, and also hear all remonstrances against the granting of the same, 
and if a majority in interest of the lot and land owners, whose lands 
will be assessed for the proposed improvement subscribed to the 
petition mentioned in section 4760, said petition -shall be granted and 
they shall enter on their records an order that the improvement be 
made, which order shall state the kind of improvement, the width, 
the extent of the same, and the lands which shall be assessed for 
the expenses thereof; or when the county commissioners receive 
or require donations of money, or written agreements on the .part 
of taxpayers subjecting their taxable property to taxation annually, 
to aid in the location and construction of such roads, and a majority 
of the taxpayers within the boundaries of the road sign such subscrip- 
tion or agreement, the commissioners shall thereupon be authorized 
to levy the amount thereof upon all the taxable property within the 
boundaries of the road, according to the benefits to said property, tak- 
ing into consideration any assessments that have been heretofore 
made; and the boundaries of the road shall not be taken to include 
any property that does not lie within two miles of such contemplated 
improvement. In determining a majority in interest of the persons 
whose lands will be assessed for said proposed improvement, minor 
heirs shall not be counted for or against the improvement, unless 
represented by legal guardian, and the action of such guardian shall 
be binding upon such minor heirs; and all heirs or owners, either 
adults or minors to any undivided estate, shall only be entitled to one 
vote for or against such improvement, and the name of any person 
who has acquired title to the same by gift, or in any other manner, 
for the purpose of making such person a petitioner for or remonstrator 
against such improvement shall not be counted in favor of the same, 
or against the same. 

[When assessment may be made by jury; appeals.] Any person 
feeling aggrieved by the assessment made may demand of the com- 
missioners to have the same assessed by a jury; in which case the 
claimant may appeal to the probate court of the county, and the same 
proceedings shall there be had, and like orders and judgments ren- 
dered, as are provided in chapter 4 of this title ;' but the guardian of 
any minor, idiot, or insane person may act for his ward, and his acts 
shall be binding upon the ward. (O. L., v. 98, p. 25.) 

Sec. 4768. [When a tax may be levied and how much.] Upon 
the Ideation and establishment of any such turnpike road by the county 



LAWS RELATING TO AGRICULTURE. 287 

commissioners, and after an affirmative vote by the electors, they 
may, for the purpose of aiding- in the construction, and to provide a 
permanent fund for the maintenance and expense thereof, levy an- 
nually, in addition to other road taxes authorized by law, a tax for 
turnpike road purposes of not more than six mills on the dollar of 
valuation on the grand duplicate of taxable property in the county, and 
to continue such levy from year to year, until the road or roads which 
have been commenced are completed. 

Sec. 4769. [Restriction of the levy; county bonds may be issued.] 

No such taxes shall be levied on any lands which have heretofore been 
assessed for the construction of any free turnpikes, or improved road 
or roads, already constructed, or in the course of construction at the 
time of the levy of the tax unless the amount that would be ratably 
levied upon such lands exceed the amount of such assessment, and in 
such case such excess only shall be levied and collected ; and for the 
purpose of raising the money necessary to meet the expenses of such 
improvements, the county commissioners may, if in their opinion the 
same be advisable, issue the bonds of the county, payable at such times 
as they may deem advisable, with interest not exceeding the legal rate 
per annum, payable semi-annually, and which bonds shall not be sold 
for less than their par value. 

AN ACT 

To authorize the commissioners of any county to issue bonds to refund the in- 
debtedness of boards of road commissioners appointed by the county 
[commissioners] therein, incurred on account of road improvements. 

Sec. 1. [County commissioners authorized to issue bonds to re- 
fund indebtedness of road commissioners.] That commissioners of 
any county in which road commissioners appointed by said county 
commissioners therein have incurred indebtedness on account of 
road improvements under color of any legislative act, are hereby 
authorized for the purpose of extending the time of payment of 
such indebtedness and reducing the rate of interest thereon, to issue 
and sell the bonds of the county in such amounts and for such length 
of time, and for such rate of interest not exceeding five per centum 
per annum, payable semiannually, as such county commissioners may 
determine. The money realized from the sale of such bonds shall 
be paid to the road commissioners, to be used only for the purpose 
of paying the indebtedness so incurred by them on account of such 
road improvements. 

Sec. 2. [Tax levy.] To pay the principal and interest of said 
bonds, the county commissioners are hereby authorized to levy a tax 
sufficient for that purpose annually on all of the taxable property 
of every kind within the limits of any election precinct, or road dis- 
trict, for which such road commissioners were appointed. (O. L., 
v. 98, p. 32.) 

Sec. 4770. [Records to be kept, and how payments made.] The 

commissioners shall cause to be kept by the county auditor a full rec- 
ord of all the proceedings in the location, establishment, and construe- 



288 LAWS RELATING TO AGRICULTURE. 

tion of the road, together with accurate accounts of receipts and ex- 
penditures of money under the provisions of this chapter; and no 
money shall be drawn from the treasury except to pay liabilities already 
accrued, and then only in pursuance of orders caused by the commis- 
sioners whilst in session as a board, to be entered upon the record of 
their proceedings, and by orders drawn by the county auditor, upon 
the county treasury, in favor of the persons to whom such money is 
due. 

Sec. 4771. [Letting the work.] The work of the construction of 
such roads shall be let publicly by the county commissioners to the 
lowest responsible bidder, after due notice given of such letting by 
publication in one or more newspapers published or of general circula- 
tion in the county, or by hand-bills, or both ; for that purpose the com- 
missioners shall cause the same to be divided into convenient sections, 
and each section numbered from the county seat, or other point named 
as the place of beginning, toward the termination, and shall let the 
same by sections, with proper specifications of the various kinds of 
labor required on each section ; and bidders shall be required to sepa- 
rately state their bids for each class of work, in such manner as the 
commissioners shall provide, and each contractor shall be required to 
give bond, with sufficient sureties, for the performance of his con- 
tract, payable to the county commissioners, for the use and benefit 
of the county, and with the necessary specifications and stipulations 
on the part of the contractor inserted therein. 

Sec. 4772. [Payments to be made on estimates.] In all cases 
the construction of such roads shall commence at the point of begin- 
ning, and no payment for work or material shall be made except upon 
estimates made by the surveyor or engineer employed by the commis- 
sioners, and by him duly certified, of work actually done or materials 
actually furnished, or both, and after reserving such per cent, as may 
be fixed by the parties to the contract, to guarantee performance of 
the same. 

Sec. 4773. [Compensation of viewers, etc.] The viewers, sur- 
veyor or engineer, and their assistants, shall be entitled to receive the 
same compensation for their services required under the provisions of 
this chapter, as is now allowed by law in the construction of county 
roads. 

Sec. 4773-1. [Construction of free turnpikes by county com- 
missioners.] Whenever a majority of the landowners along any con- 
templated route, having given notice for thirty days by publication 
in some newspaper published in the county of their intention so to do, 
shall present their petition to the board of county commissioners of any 
county praying for the establishment and construction of a free turn- 
pike road along such contemplated route, designating in the petition 
the place of beginning and terminus of such proposed road. 

[Employment of engineer.] The commissioners of such county, 
if they deem the construction of such road advisable and of general 
public interest, are hereby authorized to call to their assistance a com- 
petent engineer who, with them, shall determine the line of location of 
such road connecting the beginning and terminus points designated, 



LAWS RELATING TO AGRICULTURE. 289 

and the width of the road which shall not be less than thirty feet nor 
more than sixty feet ; 

[Engineer to furnish plans, etc.] And said engineer shall deter- 
mine the full cost and expense of making said improvement, and 
furnish plans, profile and specifications for the construction thereof. 

Sec. 4773-2. [Security for cost; order of commissioners.] Upon 
the payment into the county treasury of, or securing by proper bond 
to the state of Ohio for the use of the county to the approval of 
the commissioners for the payment of twenty per cent, of the total 
cost of the construction of said road, which cost shall include the cost 
of engineering, superintending, grading, macadamizing, and culverting 
said road, the said county commissioners are authorized to order the 
construction thereof. 

Sec. 4773-3. [Rights of way; how obtained.] Unless said road 
be constructed along some public highway, the petitioners therefor 
shall procure and furnish to the county, free of charge, grants of the 
right of way therefor. But if such grants and right of way cannot be 
obtained by the petitioners over any tract or tracts of land, the county 
commissioners, after ordering the construction of said road, may con- 
demn the right of way over such tract or tracts of lands, 

[Cost of condemnation proceedings to be paid by petitioners.] 

The costs and expenses of which proceedings and the amount to be 
paid as a compensation for the land appropriated and the damages sus- 
tained by reason thereof shall be paid by the petitioners for said road, 
and the right of way secured to said county free of charge to it before 
any contract for the construction of said road shall be entered into or 
any work thereon shall be done. And if the same be not paid within a 
time fixed by the county commissioners, and said right of way secured 
to the county free of charge to it, their order authorizing the construc- 
tion of such road shall thenceforth be invalid. 

Sec. 4773-4. [What laws apply to construction of such turn- 
pikes.] All of the provisions of the general laws of this state for the 
construction of free turnpikes, and the condemnations of rights of 
way, and of materials shall be applicable in this act when not herein 
specially otherwise provided for. 

Sec. 4773-5. [Levy to pay cost of construction; bonds.] The 

commissioners, for the payment of eighty per cent, of the total cost 
of said road, shall levy a tax not exceeding two mills on the dollar, 
upon all the taxable property of the county, and if they deem it advis ■ 
able may issue bonds for said payment, which shall be payable in not 
more than five years, and to bear not exceeding six per cent, interest 
per annum, interest payable semi-annually; but bonds so issued shall 
not be sold for less than their par value. 



19— F. H. B. 



290 LAWS RELATING TO AGRICULTURE. 

ONE-MILE ASSESSMENT TURNPIKES, 

Sec. 4774. [Petition for free turnpike.] Free turnpike roads shall 
be authorized, and commissioners appointed to lay out and establish 
the same in the following manner ; a majority of all the landholders re- 
siding in the county, who own lands lying within the bounds of any 
free turnpike, as provided in this chapter, shall present a petition to 
the board of county commissioners at any regular or special session, 
asking the appointment of commissioners to lay out and establish a 
free turnpike road between any points within such county, and stat- 
ing therein that they desire the county commissioners to levy an extra 
tax, the amount of which shall not exceed ten mills on the dollar val- 
uation in any year, on the lands and taxable property within the 
bounds of the road, and also the number of years they desire the levy 
to continue, not exceeding twenty-five years ; and they shall satisfy the 
commissioners that public notice has been given by advertisement in 
some newspaper of general circulation in such county, of such intended 
application, for at least four consecutive weeks preceding the hearing 
of such application. (O. L., v. 97, p. 65.) 

Sec. 4775. [Appointment of road commissioners.] Thereupon 
the commissioners shall appoint three judicious freeholders of the 
county resident within the bounds of said road, to be commissioners 
of such free turnpike road, who, by the name fixed by the county 
commissioners, shall be a body corporate, for the purpose of laying 
out and establishing a free turnpike road between the points within 
such county named in the petition, and the county commissioners shall 
appoint such persons to be commissioners of such free turnpike road 
as may have been recommended by petition of a majority of the land- 
owners if any such recommendation be so made ; the petition, and the 
appointment of such commissioners, shall be entered upon the minutes 
of the proceedings of the board of county commissioners, and a cer- 
tified copy of such entry furnished to- the road commissioners, by the 
clerk of the board, upon demand therefor; and the board of county 
commissioners may remove, for cause, any or all of the commissioners 
of any free turnpike road, when petitioned so to do, by a majority of all 
the land owners residing within the county, who own lands within the 
bounds of such road; but on the removal of any such commissioners, 
the vacancy shall be at the same time filled by the appointment of some 
other free holder of the county; and the commissioners shall appoint 
such person as may have been recommended by petition of a majority 
of the land owners if any such recommendation be so made. 

Sec. 4776. [Road to be laid out,' and returns to county commis- 
sioners.] The commissioners, so appointed by the board of county 
commissioners, and who qualify as hereinafter provided, shall, within a 
reasonable time, proceed to lay out and establish such free turnpike 
road within the points named in the petition, and as soon thereafter as 
the same can be done return to the board of county commissioners a 
map and profile of such road, including upon the map, as near as can 
be done, the names of the land owners whose property may be liable 
to be taxed for its construction, as hereinafter provided, together with 
a statement of the probable cost of building and completing the road. 






LAWS RELATING TO AGRICULTURE. 291 

Sec. 4777. [Levy of taxes to construct and repair such turnpike.] 

The board of county commissioners shall immediately thereafter trans- 
mit to the auditor of the county said map, profile, and statement as 
returned to them by the road commissioners, and shall at the same time 
direct the auditor to levy upon the grand duplicate" of the county, for 
the purpose of constructing, improving and repairing such road, the 
amount of the tax, and for the number of years petitioned for ; and the 
auditor shall enter the same upon the duplicate for collection, on all 
the lands and taxable property within the bounds of the road, as laid 
out and established, in the same manner and subject to the same pen- 
alties and forfeitures as other taxes are entered thereon for purposes 
of collection ; but no such tax shall be levied for an amount or for a 
term of years greater than that set forth in the petition. (O. L., v. 97, 

p. 6 5 .) 

Sec. 4777a. [When road shall not be constructed nor tax levied..] 

If at any time it shall be ascertained by the board of county commis- 
sioners, by the report of the road commissioners appointed by them or 
otherwise, that the property upon the tax duplicate for the purpose of 
raising a fund for the construction of any free turnpike or road, under 
the provision of this chapter, heretofore granted or hereafter to be 
granted and about to be constructed, will not be sufficient during the 
time for which extra taxes may be levied and collected as provided i'n 
this chapter to build and construct a good road or the kind of road 
provided for by this chapter, the county commissioners shall, pro- 
vided that no bonds have been issued that remain unpaid or if there 
are no unpaid certificates outstanding for work and labor done on 
said road or proposed road, order that said work on road or proposed 
road shall not be done, and shall at once notify the road commissioners 
of this order, and the county auditor not to levy any further tax or any 
tax for said road or proposed road, and all extra taxes heretofore 
levied for said road or proposed road and not paid shall not be treated 
as delinquent taxes but by like order be canceled off the tax duplicate 
against the lands and personal property on which they were levied 
and said road or proposed road shall not be built until the commis- 
sioners are fully satisfied that the extra taxes to be levied will build a 
good and sufficient turnpike road as contemplated by the provisions 
of this chapter for that purpose. Provided, further, that if the county 
commissioners should fail or refuse to act upon information coming 
to them that any such road cannot be built for the extra taxes to be 
levied for that purpose as provided in this chapter, then in that event 
any taypayer who is interested may enjoin the construction of any 
such road heretofore or hereafter granted on which no bonds have 
been sold and where there are no certificates of indebtedness out- 
standing. 

Sec. 4778. [Abatement of taxes.] If at any time after the first 
levy is made, the commissioners of any free turnpike road are satisfied 
that the road can be built with a less sum than is provided in the pre- 
ceding section, the auditor shall, on the order of the commissioners of 
the road, reduce the extra tax, or abate it entirely. 

Sec. 4779. [Collection of tax; definitions.] The county treas- 
urer shall collect the extra tax in the same manner as state and county 
taxes are collected; provided, that the words "bounds of the road," 



292 LAWS RELATING TO AGRICULTURE. 

and "line of the road," wherever used in this chapter, shall be held to 
include so much land on either side of such road as may be charged 
with such extra tax. 

Sec. 4780. [Bond and oath of road commissioners.] The road 
commissioners shall severally execute a bond payable to the state, for 
the use of the county in which the road is located, with good and suffi- 
cient sureties, to be approved by the board of commissioners of the 
county, and in such sum as the board think proper, conditioned for the 
faithful performance of their duties as such road commissioners, and 
shall moreover each take an oath faithfully and honestly to discharge 
their duties, before they shall be authorized to do or perform any mat- 
ter or thing under this chapter; and the commissioners after qualifying 
shall immediately meet, and organize their board by choosing one of 
their number as president thereof, and within a reasonable time there- 
after proceed to view, locate, and establish such free turnpike road, in 
the manner provided in this chapter. 

Sec. 4781. [Powers and duties of road commissioners.] The 

road commissioners may appoint superintendents, and such other 
agents as they may deem necessary to carry into effect the provisions 
of this chapter ; a majority shall be a quorum, and have power to trans- 
act any business and exercise any power devolving upon or intrusted, 
to them by this chapter, and they shall keep a record of their proceed- 
ings, which shall at all times be open for inspection, by any person 
interested, or desiring to inspect the same. 

Sec. 4782. [Further powers of such commissioners.] The com- 
missioners may receive subscriptions and donations, in money, or 
real or personal property, which shall be applied to the construction of 
the road ; they may make contracts for constructing the road in a solid 
and durable manner, and keeping the same in repair; they may open 
and finish the road in the first instance, along such portions of the 
line thereof as are available for travel or transportation ; they may 
purchase and procure all necessary implements and fixtures to pre- 
serve the road, and contract for and purchase such stone, gravel, and 
other material as may be necessary for its construction and repair; 
and if the commissioners and owners of such material cannot agree on 
a price deemed fair and reasonable, the commissioners may apply to 
the judge of the probate court of the county to appoint appraisers to 
assess the value of such material. 

Sec. 4783. [Assessment of damages for material taken, etc.] On 

the filing of such application the probate judge shall appoint three dis- 
interested freeholders, who, after being duly sworn to impartially 
assess the value of the material, or any part thereof, shall enter upon 
the premises of the owner of such materials, and assess the value there- 
of, and the damages that will accrue to the owner by the removal 
thereof through his premises, and within ten days after appointment 
return their award to the court; thereupon the probate judge shall re- 
quire the commissioners to pay for or give security for the payment 
of all material to be taken, and damages done to the owner of the 
premises, and in ten days after the return of the award, on application 
of the commissioners, furnish them a copy of the same; and they may 



LAWS RELATING TO AGRICULTURE. 293 

thereupon enter upon the lands, either inclosed or uninclosed, and 
remove such stone, gravel, or other material, unless an appeal has been 
taken as provided in the next section. 

Sec. 4784. [Appeal from the assessment.] An appeal from the 
decision of the appraisers may be taken by either party to the court of 
common pleas, within twenty days after the rendering of the award, 
upon the appellant entering into an undertaking to the adverse party, 
in a sum not less than fifty dollars, and in all cases not less than double 
the amount of such award. 

Sec. 4785. [Road commissioners may sell donated land.] The 

commissioners may receive donations of land to aid in the construc- 
tion of the road, and sell and convey the same in fee simple, and they 
may take releases of the right of way.. 

Sec. 4786. [Upon what property taxes to be assessed.] Extra 
taxes, when levied as hereinbefore provided, shall be on real and per- 
sonal property within one mile on each side of the free turnpike road, 
except where any road improvement or free turnpike road, or any toll 
road, or unimproved state or county road, being unconnected with the 
same, runs upon either side of such proposed road, within less than 
two miles then the extra taxes shall only be levied upon such lands 
and personal property as lie within one-half the distance of such roads. 

Sec. 4787. [No division of territory or taxation to be made.] 

No division of territory, or division of taxation of lands or personal 
property, shall be made with any other road improvement, free turn- 
pike road, or state or county road, except as herein provided for, nor 
with any township road; but if the road commissioners report to the 
county commissioners that the extra taxes levied within the bounds of 
the road are insufficient to make a good and substantial road, the 
county commissioners, if in their opinion the public interest requires 
it, may order the road commissioners to extend the bounds of the free 
turnpike road to one mile on either side of the same, when a majority 
of the resident land owners owning land within the bounds of the 
territory proposed to be extended sign a petition therefor; but if a turn- 
pike road runs upon either side of such free turnpike road, within less 
than two miles, the taxes shall be levied upon such lands and personal 
property as lie within one-half the distance of such roads. 

Sec. 4788. [How township road tax and labor applied.] So much 
of the taxes annually levied for road purposes by the trustees of town- 
ships which may be collected within the bounds of any free turnpike 
road, including the two days' labor authorized by law, shall be ap- 
plied in the construction of said road under the direction of the road 
commissioners, and the payment of the principal and interest of bonds, 
if any have been issued therefor. (O. L., v. 97, p. 65.) 

Sec. 4789. [When trustees fail to apportion road labor.] If, be- 
fore the completion of -the road, the trustees fail to direct the super- 
visors of any road district, the whole or any part of which is within 
the bounds of any free turnpike road, to apportion the labor provided 
for in the preceding section, annually, before the first day of May, 



294 LAWS RELATING TO AGRICULTURE. 

and to give notice thereof in writing to the commissioners aforesaid, 
then all persons liable to do two days' labor, annually, on the public 
highways, residing within the bounds of any free turnpike road, shall 
do the same under the direction of the commissioners or agents of 
such road. 

Sec. 4790. [When road work to be done.] All such persons 
shall perform such labor, after being notified three days previous to the 
time of doing the same, between the first day of April and the first day 
of July ; but they may pay to the superintendent the sum of three dol- 
lars, in lieu of said two days' work, if paid when notified to do the 
work; and in case of refusal or neglect to do the same, the person so 
offending shall pay a fine of one dollar, and shall further be liable, in 
case of nonattendance, to the amount allowed for two days' work, to be 
collected by the road commissioners, in the same manner that super- 
visors are authorized to collect in similar cases. , 

Sec. 4791. [Road tax paid into. county treasury to be refunded.] 

So much of the taxes mentioned in section 4788 levied and collected 
on taxable property within the bounds of any free turnpike located 
under the provisions of this chapter, which is not discharged in labor, 
and which is paid into the county treasury, shall be paid by the treas- 
urer, upon the warrant of the county auditor, to the road commission- 
ers of such free turnpike to be expended by them in constructing such 
free turnpike road, and applied to the payment of the principal and in- 
terest of bonds, if any shall have been issued therefor ; and this provi- 
sion shall apply to such taxes as shall have been levied heretofore and 
have not been paid to township trustees. When two or more free 
turnpike roads meet or cross each other, the county commissioners 
of any county through or in which any such roads, or any part thereof, 
may be located, may make such equitable division or apportionment of 
the taxes, other than extra taxes, among such roads as they deem 
proper, the same to be discharged in labor in the construction of such 
road under the direction of the road commissioners, or paid to them in 
money, as hereinbefore provided. 

Sec. 4792. [Road commissioners to make annual settlement.] 

The road commissioners shall, annually, on the first Monday in Decem- 
ber, make a full settlement with the county commissioners of the sev- 
eral counties in or through which their respective roads are located, 
and shall file with them a statement of all their receipts and expen- 
ditures within the county, and deposit a copy thereof in the auditor's 
office of the county. 

Sec. 4793. [Settlement to be enforced by action.] Should such 
commissioners fail to make settlement as provided by the preceding 
section, the county commissioners shall, at the next term of the court 
of common pleas, of the county, cause an action to be instituted against 
them in the corporate name of the road, to enforce such settlement. 

Sec. 4794. [Duplicate is prima facie evidence.] Such action 
shall be conducted by the prosecuting attorney of the county, and such 
delinquent commissioners shall be held prima facie liable for the full 
amount of taxes and money which were applicable to the construction 



LAWS RELATING TO AGRICULTURE. 



295 



of the road as the same appears upon the tax duplicate of the county; 
and in all cases judgment shall be rendered against them for all the 
costs of the suit. 

Sec. 4795. [The road commissioners are a body corporate.] The 

road commissioners and their successors shall be a body corporate, 
under such name as the commissioners of the county may designate, 
for the purpose of carrying into effect the provisions of this chapter; 
they shall prosecute for all obstructions to the road, or for injuries done 
to the same, or to bridges thereon ; the amount recovered in each case 
shall be the amount of damages actually found by the court or jury, 
and the interest thereon ; and in all cases the commissioners shall 
have a right to sue, either before a justice of the peace, or in the court 
of common pleas of the county, as in other cases, and the amount so 
collected in each case shall be used for the benefit of the road, and be 
paid over to the commissioners. 

Sec. 4796. [One-mile assessment pike must be accepted by county 
commissioners.] When the road commissioners deem they have their 
road completed in a good substantial manner, by the bridges and cul- 
verts thereon having been built, and the road graded and macadamized, 
they may make application to the board of county commissioners to 
receive the same ; the county commissioners shall, within a reasonable 
time after the filing of sucTi application, proceed upon actual view to 
examine the same, and if, upon such examination, it be their opinion 
that such road is in suitable condition to be received as completed, 
they may receive the same, and such road may be kept in repair as 
provided in chapter ten ; and when the free turnpike road has been 
completed and received by the county commissioners, they shall enter 
such finding upon their journal, and the county auditor shall certify 
such finding to the trustees of the several townships through which 
any part or all of the road runs, giving the name and description of the 
same; and when such road is paid for, and its bonds and coupons, if 
bonds have been issued thereon, shall have been redeemed, the road 
commissioners shall, by order of the county commissioners, cease to 
be a body corporate. s - 

Sec. 4797. [Pay of officers, and vacancies.] The commissioners, 
superintendents, and agents of the road shall be allowed one dollar and 
fifty cents per day for every day actually employed on the business of 
the road; and when any vacancy occurs in the board of commissioners 
by death, resignation, or otherwise, the commissioners of the county 
shall, when notified thereof, fill the. same. 

Sec. 4798. [Certain expenses to be paid by county.] The ex- 
penses of surveying and locating the road shall be paid out of the 
county treasury, and the other expenses incident to the construction of 
the 'road shall be paid out of the funds appropriated by this chapter 
to the construction of the same ; and the sum paid the surveyor and 
his assistants shall not exceed the customary wages per day for every 
day they may be actually employed in locating and surveying the road. 

Sec. 4799. [Who may sign petitions.] All petitions to the 
county commissioners to appoint commissioners to lay out and estab- 



296 LAWS RELATING TO AGRICULTURE. 

lish free turnpike roads and to levy an extra tax for the construction 
thereof, and all remonstrances against either, shall only be signed by 
resident freehold taxpayers within the county in which the road is 
proposed or situated, owning lands within the bounds of the road, as 
described in section four thousand seven hundred and eighty-six; and 
in determining such majorities, minor heirs shall not be counted for 
Or against the road or extra tax, unless represented by legal guardian, 
and the action of such guardian shall be binding upon such minor 
heirs, or owners, of an undivided estate, and such guardian shall only 
be entitled to one vote for or against such road or tax, and the name of 
any person who has acquired title to any real estate lying within the 
territory of such proposed road improvement by deed, gift, or in any 
other manner for the purpose of making such person a petitioner for 
or a remonstrator against such improvement, shall not be counted in 
favor of, or against the road, or tax. 

Sec. 4800. [One-mile assessment pike; bridges; material for re- 
pairs.] The county commissioners shall build any or all of the bridges 
and culverts upon the roads provided for in this chapter, contract, and 
pay for all material used in the construction or repair of such roads, and 
in case the county commissioners and any owner of any material can- 
not agree upon the amount to be paid therefor, then the county com- 
missioners shall have all the rights and -powers of applying to the 
probate court of the county to appoint appraisers to assess the value of 
such material and the damage accruing to lands by reason of the 
removal thereof, as are conferred on road commissioners by sections 
four thousand seven hundred and eighty-two and four thousand seven 
hundred and eighty-three. 

Sec. 4801. [How road may be made toll roadf] When two con- 
secutive miles or more of any free turnpike road is made in good order 
for travel or transportation, and the taxes applicable thereto and the 
two days' labor will not keep the same in repair, and three-fourths of 
the resident freeholders on the road, as described in section four thou- 
sand seven hundred and eighty-six, after giving notice as required in 
section four thousand seven hundred and seventy-four, petition the 
county commissioners therefor it shall be their duty to authorize the 
commissioners of the road to place a gate or gates on their road, and 
charge such rate of toll, when added to the common tax of the 
grand levy and the two days' work, as will keep the road in good re- 
pair ; but no greater rate of toll shall be charged than is allowed by law 
to turnpike roads ; and the road commissioners shall continue to man- 
age such free turnpike road, and have the benefit of all laws regulating 
turnpike roads, in the collection of tolls, and other matters pertaining 
to the maintenance and preservation of the road. 

Sec. 4802. [How location of road may be changed.] The board 
of county commissioners of any county may change the location of any 
part of any free turnpike road, in the same manner and on the same 
conditions that they are by law authorized to change the location of 
any part of a county road; and the same laws applicable to the alteration 
of county roads shall be applicable in such cases to free turnpike roads. 



LAWS RELATING TO AGRICULTURE. 297 

Sec. 4803. [How claims for damages to be settled.] All claims 
for damages arising out of the location of any free turnpike road shall 
be settled in the manner prescribed in chapter [s] two and four in like 
cases. 

Sec. 4804. [When petitioners reside in different counties.] When 
the resident land owners along any road in this state, the bounds of 
which under the provisions of this chapter, extend into different 
counties, wish to improve the same under the provisions of this chap- 
ter, they shall petition the boards of county commissioners of their 
respective counties as required by section forty-seven hundred and 
seventy-four of the Revised Statutes of Ohio ; and in such case, the com- 
missioners of the different counties may join in carrying out the pro- 
visions of this chapter by severally appointing commissioners to lay 
out and establish a free turnpike road, in all respects as if said peti- 
tioners reside wholly in one county; provided, that when a free turn- 
pike road sought to be laid out under the provisions of this chapter 
lies wholly within one county, but within one mile of the county line 
upon either side of such proposed road, upon the petition of a majority 
of the resident land owners within said county as provided by section 
forty-seven hundred and seventy-four of the Revised Statutes of 
Ohio, then the extra taxes shall be levied on the real and personal prop- 
erty that lies in such county within the bounds of such proposed road 
as provided by section forty-seven hundred and eight-six of the 
Revised Statutes of Ohio. 

Sec. 4805. [Proceedings on such petition.] The commissioners 
so appointed shall qualify, as in this chapter provided, and shall im- 
mediately proceed to lay out and establish such free turnpike road and 
severally make return to the board of county commissioners of their 
respective counties, of a map, profile, and estimate of the cost of con- 
struction of the free turnpike road, as provided in section forty-seven 
hundred and seventy-six ; and the board of county commissioners of 
each county shall immediately transmit such map, profile, and estimate, 
to the auditor thereof, and shall at the same time levy upon the grand 
duplicate of the county, for the period and under the limitations men- 
tioned in this chapter, any amount of money that may be required, 
not exceeding ten mills upon the dollar valuation in any year,on all the 
lands and taxable property in the county within the bounds of such free 
turnpike road, as provided in section forty-seven hundred and seventy- 
four, and shall certify such levy to the county auditor in the manner 
provided in section forty-seven hundred and seventy-seven; and the 
respective county auditors shall be governed in all respects by the 
provisions of said sections in entering said levies upon the duplicate 
for collection, and in all other matters pertaining thereto, in conformity 
to this chapter. 

Sec. 4806. [Petition for road on county line.] Such boards of 
road commissioners, in all of their subsequent joint acts pertaining to 
the construction and repair of [any] such free turnpike road, shall be 
governed in all respects by the provisions of this chapter, and to the 
same extent as if the road were laid out and established wholly in one 
county ; but when resident land owners desire to make a free turnpike 
road on a county line between two or more counties, and there are no 



298 LAWS RELATING TO AGRICULTURE. 

resident land holders in one or more of such counties, within the 
bounds of the proposed road, a copy of the petition presented to the 
commissioners of the county in which there are resident land owners 
within the bounds of the proposed road, if the same be allowed, and the 
road be established by the commissioner [s] of such county, shall be 
presented to the commissioners of the county in which there are no 
resident land owners within the bounds of the road, and they shall act 
on the same in all respects as if the petitioners were residents of such 
county. 

Sec. 4807. [The line of a state, county, or township road may be 
occupied.] In laying out and establishing free turnpike roads under 
and by virtue of the provisions of this chapter, it shall be lawful to lay 
out and establish the same, in whole or part, upon the line of any state, 
county, or township road, or upon any two or more of such roads. 

Sec. 4808. [Road commissioners may issue bonds therefor; dis- 
position of taxes when collected.] The commissioners of any free 
turnpike road, whenever they deem it necessary for the purpose of 
constructing a free turnpike road, completing the same, or liquidating 
any indebtedness on account thereof, are authorized to issue bonds, 
payable at the county treasury, in installments, at intervals not ex- 
ceeding the number of years for which the special tax provided for 
in this chapter has been levied, bearing interest not exceeding six per 
centum per annum, payable semi-annually; which bonds shall not be 
sold for less than par, and shall be registered by the county auditor, 
previous to their issue, in a book by him kept for that purpose; such 
registry shall show the number of each bond issued, the amount for 
which issued, the rate of interest which it bears, and when the same 
is payable ; and the extra taxes levied under the provisions of this chap- 
ter shall be divided in such manner as to meet the payment of the 
interest and principal of the bonds ; and when collected the money 
arising therefrom shall be applied by the treasurer of the county to the 
payment of said bonds and interest upon the warrants of the county 
auditor, and in discharging any other indebtedness incurred on ac- 
count of said free turnpike, upon the warrant of the county auditor 
first authorized in writing by the commissioners of said free turnpike. 

Sec. 4809. [How two or more roads may be consolidated.] It 

shall be the duty of the county commissioners to consolidate two or 
more free turnpike roads that are so situate that by one ending in an- 
other, or by one crossing another, or otherwise, they form continuous 
line or lines of travel, if they are satisfied the consolidation will be to 
the benefit of the roads and the public, and enter upon their minutes 
an order consolidating the roads, and appointing commissioners for the 
consolidated road, who shall have all the powers, and perform all the 
duties, in relation thereto, prescribed by this chapter; and from and 
after the organization and qualification of such commissioners, the 
powers of the commissioners of the several roads so consolidated shall 
cease, and the roads shall thenceforward constitute one free turnpike 
road, to which all the laws relating to free turnpike roads in force from 
time to time shall apply, the same as if such [road] had been originally 
so established. 



LAWS RELATING TO AGRICULTURE. 299 

Sec. 4810. [How existing levies to be applied.] Any levy of 
extra taxes for either of such roads existing at the time of such consoli- 
dation shall be worked out, or collected and applied according to law, 
for the purposes of that part of such consolidated road for which they 
were made; and all money in the treasury or elsewhere, arising from 
any extra tax for either of such roads, shall be applied in like manner; 
but the commissioners of the consolidated road shall have the same 
powers as to reducing or abating such levies as are or may be provided 
by law for commissioners of free turnpike roads. 

Sec. 481 1. [Commissioners of consolidated road to have charge 
of all property.] Upon the organization and qualification of the com- 
missioners of such consolidated road, the commissioners of the several 
roads forming the same shall settle their accounts with the county 
commissioners, and deliver up all money or other property, and also 
all records, books, and papers belonging or pertaining to such roads, 
to the commissioners of such consolidated road. 

Sec. 4812. [Free turnpikes; completion of.] The provisions of 
this chapter shall extend and be applicable to all free turnpike roads 
heretofore built, now in process of construction, or hereafter to be con- 
structed ; and at any time when the county commissioners shall deem it 
necessary for the purpose of providing the means for completing the 
same and liquidating any indebtedness incurred on account of such 
road, they may continue the tax originally levied for constructing the 
same, for a period not exceeding, in the aggregate fifteen years, in ad- 
dition to the levy made on petition, as provided in section 4777. 

Sec. 4812a. [One-mile assessment pikes; when commissioners 
may issue new bonds.] If at any time it shall be ascertained by the 
road commissioners that the property upon the tax duplicate for the 
purpose of raising a fund for the construction of any free turnpike 
road, under the provisions of this chapter, heretofore built, now in pro- 
cess of construction, or hereafter to be constructed, has by any cause 
been reduced, so that said duplicate will not produce a sufficient fund 
to liquidate all bonds issued by the road commissioners under the 
provisions of this chapter, as the same shall become due, with the 
interest thereon, said road commissioners shall have power, and are 
hereby authorized to issue new bonds, for the purpose of paying off 
all such bonds and the interest thereon; provided, that the time for 
the payment of said new bonds shall not be extended beyond the time 
limited by the provisions of this chapter, for the levying of taxes for 
the construction of one-mile assessment pikes. 

Sec. 4813. [Certificates of labor receivable for road tax.] Cer- 
tificates from the road commissioners to persons owing any free turn- 
pike tax, for labor performed in discharge of the same, shall be receiv- 
able by the treasurer of the county, at the December collection of 
taxes, in payment of such tax; and such certificates shall specify the 
amount of tax so paid, and shall in no case exceed the amount of ex- 
tra tax charged against such person upon the duplicate of the county. 

Sec. 4814. [Unpaid indebtedness of free turnpike road company,] 

When the right of any free turnpike road company to levy special 



300 LAWS RELATING TO AGRICULTURE. 

taxes to pay the orders, bonds or other indebtedness issued by it has 
ceased, leaving outstanding orders, bonds or other indebtedness un- 
paid, and their payment unprovided for, the commissioners of such 
road company shall immediately make out and deliver to the auditor 
of the county in which such road or any part thereof is situated, a 
complete and perfect list of all such indebtedness for the payment of 
which they have no funds or means of payment with a description in 
detail of such indebtedness as to date, amount, rate of interest, if any, 
and when payable, which list shall be verified by said commissioners ; 
and the county auditor shall lay the same before the county commis- 
sioners at their next regular session thereafter. 

Sec. 4815. [Taxation to pay same.] At any regular session of 
the county commissioners, at which such list is laid before them, they 
shall immediately proceed to ascertain the aggregate amount of such 
indebtedness, including interest in case it draw interest, and adding 
thereto an amount sufficient to pay the expense of assessment and 
collection, and to cause the same to be assessed upon the same lands 
and lots as were subject to taxation for the construction of the road, 
or to pay for the same at the time when the right to tax such lands and 
lots ceased, according to their true value in money as shown by their 
valuation contained in the county duplicate. 

Sec. 4816. [When different rates have been authorized.] When, 
by the laws in force immediately preceding the time when the right to 
levy taxes for the benefit of any such road ceased, different rates of 
taxation were authorized upon the lands adjacent to or lying near 
any such road, according to their proximity to such road, the amount 
authorized to be levied by the preceding section shall be so assessed 
upon those lands as to preserve the same relative proportions between 
the taxes on the several tracts as formerly ; but the county commis- 
sioners may in their discretion divide the aggregate of such indebted- 
ness into installments, not exceeding five in number, and order that 
one of those installments be assessed and collected annually, and the 
amount so assessed shall be collected in the same manner as state and 
county taxes. 

Sec. 4817. [Payment of such indebtedness.] Immediately after 
the annual settlement of the county treasurer with the county auditor 
of any year next after that in which any assessment has been made, as 
provided in the two preceding sections, the county auditor shall pro- 
ceed to ascertain the net amount of money collected on account of the 
indebtedness of such free turnpike road company, and if the amount 
so collected is sufficient to pay the whole of such indebtedness, he shall 
proceed to pay all indebtedness of such road company on presenta- 
tion by his warrants drawn on the county treasurer, payable out of 
the proper fund, and shall cancel the evidences of such indebtedness 
and keep them on file in his office ; but if the net amount so collected 
shall be insufficient to pay the indebtedness in full, or the amount of 
indebtedness has been ordered to be collected in annual installments, 
the county auditor shall divide the net amount so collected pro rata 
among the holders of the indebtedness, taking up and canceling the 
original evidence of indebtedness and issuing new vouchers for the 
balance unpaid. 



LAWS RELATING TO AGRICULTURE. 301 

Sec. 4818. [Special taxes to be applied to debts.] When a free 
turnpike road is finished according to law, with an outstanding debt 
unprovided for, and the right to levy special taxes for the benefit of 
such road has not ceased, such special taxes, when collected, shall be 
applied exclusively to the payment of such debt, till the same is paid in 
full. 

Sec. 4819. [Road may be transferred to turnpike company.] The 

county commissioners, whenever in their opinion the public interest 
will be subserved thereby, may surrender to any turnpike company 
any free turnpike or other road in the county, and direct that the 
taxes levied and collected for such road, and not otherwise appro- 
priated by law, shall be paid over to such turnpike company, to be 
expended in constructing or repairing the road, to construct or re- 
pair which the same were levied. 

Sec. 4820. [Tax-payers to have stock.] Any turnpike company 
receiving such surrender shall issue to the persons upon whose prop- 
erty taxes have been levied to construct or repair such road, certifi- 
cates of stock for the amount of taxes by them respectively paid, upon 
which they shall be entitled to dividends, pro rata, as other stock- 
holders may be, upon their stock. 

Sec. 4821. [Toll-gates and toll.] When three consecutive miles 
of such road has [have] been constructed and finished, according to 
law, the directors of such company may establish a toll-gate thereon, 
and for every additional five miles finished as aforesaid an additional 
gate, and may demand and receive tolls thereat, at rates not exceeding 
the rates allowed by law to other companies. 

Sec. 4822. [Elections of directors.] In elections for directors 
of such company each stockholder shall be allowed one vote for each 
share of stock by him held, and one vote for each fraction greater than 
half a share. 

Sec. 4823. [Villages may assist in constructing such roads, and 
may issue bonds.] Councils of villages are authorized to levy a tax 
to construct free turnpike roads, or a part thereof, in counties wherein 
such villages are situate, and terminating or running through such 
villages, and for this purpose such councils are authorized to issue the 
bonds of the villages, payable with legal interest at such times as the 
councils may deem advisable, and such bonds shall not be sold for less 
than their par value. , 

Sec. 4824. [Tax to be submitted to electors.] For the purpose 
of paying such bonds, and the interest thereon, as the same become 
due, the councils are authorized to levy a tax upon the taxable prop- 
erty of such villages sufficient for the purpose, not exceeding five mills 
en the dollar in any year; but such tax shall in no case be levied, nor 
shall such bonds be issued, until at some regular election, held in such 
villages, the majority of the qualified electors thereof approve the 
tax; and in case the amount to be appropriated for any one road does 
not exceed the sum of five hundred dollars, the councils may appro- 



302 LAWS RELATING TO AGRICULTURE. 

priate and apply the same in money for said road improvement, out 
of any money on hand, or funds not otherwise appropriated, without 
issuing bonds or levying a tax, such appropriation to be made by an 
ordinance passed for the purpose, specifying particularly the amount, 
and for what road appropriated. 

Sec. 4825. [When road may be extended to village.] When a 
free turnpike road in progress of construction terminates within one 
mile, by way of a public road, of any such village, the council of such 
village shall have the same power to levy a tax and issue bonds to aid 
in the construction of such free turnpike road that it would have if the 
road terminated in the village ; and if the'county commissioners having 
in charge the construction of such road accept such bonds, such free 
turnpike road shall be deemed to be extended, by way of the public 
road before mentioned, to the corporate limits of the village ; and the 
commissioners shall make and publish an order to that effect, and 
thereupon the commissioners shall improve such extension of such free 
turnpike road, in the same' manner as the other parts of the same. 

Sec. 4826. [Time for construction extended, and county to pay 
for bridges.] When the commissioners of a free turnpike road fail 
either for want of time or sufficient means, to complete such road, the 
county commissioners of the county or counties through which it [is] 
located may grant such extension of time for the completion of the 
same as to them may seem reasonable and proper ; and in all cases of 
indebtedness for the erection of bridges upon the line of such free 
turnpike roads, the county commissioners may discharge such indebt- 
edness, from the treasury of the county in which such bridge or 
bridges may be located. 

Sec. 4827. [Road commissioners to make final report.] When 
the commissioners of a free turnpike road have completed the same, 
they shall immediately thereafter make a final report to the county 
commissioners of the total expenditures on the road and deposit their 
books and papers with the county auditor. Upon the acceptance of 
said road by the county commissioners, as provided in section 4796 
of the Revised Statutes of Ohio, and the approval of said final report 
said road shall be kept open and in repair, as provided in chapter 
ten. Any money remaining in the hands of the free turnpike com- 
missioners, shall, upon the acceptance of said road by the county 
commissioners, be paid into the county treasury and paid out as pro- 
vided in section 4808. 

Sec. 4828. [Vacation of free turnpike road.] When any part of 
a free turnpike road becomes useless, or remains unopened for the 
term of five years, after the same has been established, the commis- 
sioners of the county may, on application of twelve freeholders of 
the county, appoint three disinterested freeholders to view the same, 
and report whether such -road is useless, or whether it would be of 
public advantage to vacate it; and if such freeholders report in favor 
of such vacation, the county commissioners may order the road to 
be vacated, and the same proceedings shall be had on such applica- 
tion as are provided on applications to vacate county roads. 



LAWS RELATING TO AGRICULTURE. 303 

TWO-MILE ASSESSMENT TURNPIKES. 

Sec. 4829. [County commissioners may construct or improve 
roads.] The county commissioners of any county shall have power, 
as hereinafter provided, to lay out and construct any new county 
road, or to improve any state, county or township road, or any part 
thereof, or any free turnpike road, or any part thereof not completed, 
or any free road, by straightening or altering the same, and by grad- 
ing, paving, graveling, planking, or macadamizing the same, and by 
draining the same in any direction required to make the most conve- 
nient and sufficient outlet; 

[Vacation of roads.] And for such purpose they may, upon 
further petition, when by them deemed expedient, vacate any state, 
county, or township road, or any part thereof, or any free turnpike 
road, or any part thereof not completed, or any free road, and may 
improve several roads or parts of roads, or free turnpike roads, or 
parts thereof not completed, or any free road, when the same may be 
united in one continuous road improvement. 

Sec. 4830. [County commissioners may improve unfinished turn- 
pike or plank-road.] They may improve, by grading, graveling, or 
macadamizing any unfinished turnpike road, plank road, or other 
graded road of five degrees or less, other than such as charge and re- 
ceive tolls, and when the grading has been already done, and the 
bridges and culverts already built, one-half of the cost of such im- 
provements shall be assessed upon the land owners along and adjacent 
to the line of the road, as provided in this chapter, and one-half upon 
the grand duplicate of the county. 

Sec. 4831. [Two-mile assessment pikes; petition for improve- 
ment of; viewers; how appointed, and duties of; proviso.] Upon the 
presentation of a petition stating the kind of improvement prayed for 
and the points between which the same is asked, signed by five or 
more of the landholders whose lands will be assessed for the expense 
of the same, and the filing of a bond signed by one or more responsible 
freeholders to whom the petitioners shall be responsible, pro rata, 
conditioned for the payment of the expenses of the preliminary survey 
and report, if the improvement be not finally ordered, the commission- 
ers shall appoint three disinterested freeholders of the county as 
viewers and the county surveyor, to proceed upon a day to be named 
by the commissioners to examine,. view, lay out, and straighten such 
road, as in their opinion public convenience and utility require. Pro- 
vided, that in locating such improvements within the territorial limits 
of any incorporated village or town, the county surveyor and viewers 
shall be confined to the platted streets of such village or town. 

Sec. 4832. [Notice and publication.] The county auditor shall 
notify the viewers and surveyor of the time and place of their meeting 
to make the view, and shall also give notice by publication, in a 
newspaper printed in the county, for three consecutive weeks prior 
to the meeting, which notice shall state the time and place of meet- 
ing, the kind of improvement asked for, the place of beginning, inter- 
mediate points, if any, and the place of termination. 



304 LAWS RELATING TO AGRICULTURE. 

Sec. 4833. [Duties of viewers and surveyor.] The viewers, and 
surveyor or engineer, shall meet at the time and place specified by the 
commissioners, and, after taking an oath faithfully and impartially to 
discharge the duties of their appointments, shall take to their assist- 
ance two suitable persons as chain-carriers, and one marker, and pro- 
ceed to view, examine, lay out, or straighten such road, as in their 
opinion public utility and convenience require, and assess and deter- 
mine the damages sustained by any person through whose premises 
the road is proposed to be laid out, straightened, or improved ; but the 
viewers shall not be required to assess damages to any person except 
minors, idiots, or lunatics, in consequence of the appropriation of any 
private property for the making of the improvement, unless the owner 
thereof, or his agent, file a written application with the viewers, giv- 
ing a description of the premises on which damages are claimed by 
them. 

Sec. 4834. [Appeal from assessment.] All applications for dam- 
ages shall be barred, unless they be presented as above required, and 
any person feeling aggrieved by the assessment made may demand of 
the commissioners to have the same assessed by a jury; in which 
case the claimant may appeal to the probate court of the county, and 
the same proceedings shall there be had, and like orders and judg- 
ments rendered, as are provided in chapter four; but the guardian of 
any minor, idiot, or insane person may act for his ward, and all his 
acts shall be binding upon the ward. 

Sec. 4835. [Report of viewers to commissioners.] The viewers 
and surveyor or engineer, shall make a report to the commissioners 
at their next regular session, showing the public necessity of the 
contemplated improvement, the damages claimed, and by whom, the 
amount assessed to. each claimant, an estimate of the expense of the 
improvement, and the lots and lands which will be benefited thereby, 
and ought to be assessed for the expense of the same; but no lands 
shall be so assessed which do not lie within two miles of the proposed 
improvement, and the distance of two miles may be computed in any 
direction from either side, end, or terminus of the road ; and lands that 
have once been assessed for the expense of any improvement made 
under the provisions of this chapter, shall not be reassessed under sub- 
sequent proceedings for an extension of the same, unless the prior as- 
sessment be not deemed proportioned to the whole benefit resulting 
to such lands. 

Sec. 4836. [Proceedings when report of viewers of two-mile as- 
sessment pike is filed.] When the report is filed, the commissioners 
shall, unless such report shows that there is no public necessity for 
the contemplated improvement, enter on their records and order that 
the improvement be made, which order shall state the kind of improve- 
ment, the width, the extent of the same, and the lands which shall be 
assessed for the expenses thereof; but such order shall not be made 
until a majority of the resident land owners of the county whose lands 
are reported as benefited and ought to be assessed, and in counties con- 
taining a city of the first grade of the first class, in addition to such 
landholders, a majority in interest of the persons whose lands abut 



LAWS RELATING TO AGRICULTURE. 305 

upon said proposed improvement, subscribe the petition mentioned in 
section four thousand eight hundred and thirty-one; in determining such 
majorities minor heirs shall not be counted for or against the im- 
provement, unless represented by legal guardian, and the action of 
such guardian shall be binding upon such minor heirs; and all heirs 
or owners, either adults or minors, to any undivided estate, shall only 
be entitled to one vote for or against such improvement, and the name 
of any person who has acquired title to the same by gift, or in any 
other manner, for the purpose of making such person a petitioner for 
or remonstrator against such improvement shall not be counted in 
favor of the same, or against the same. 

Sec. 4836a. [Commissioners of Lucas county may order roads 
improved; expense, how ordered paid.] In counties containing a city 
of the third grade of the first class, when a petition, as provided in 
section forty-eight hundred and thirty-one of the Revised Statutes, shall 
have been presented to the county commissioners, asking that a macad- 
amized, stone, or gravel road be constructed on the roadway of any 
state, county, township, or free turnpike road, or any part thereof, and 
the viewers and surveyor or engineer shall have reported to the com- 
missioners, as provided in section forty-eight hundred and thirty-five, if 
in the opinion of the commissioners public utility requires it, they shall 
enter on their records an order that the improvement be made, which 
order shall state the kind of improvement, the width and extent of the 
same, the material to be used, and such pertinent description of the 
same as they shall deem necessary by reference to plans, profiles and 
specifications, or otherwise, which shall be held to include all neces- 
sary grading, drains, under-drains, ditches and culverts to the proper 
completion and maintenance of such road; and at the same time, 
said commissioners shall order that a portion of the cost and expense 
thereof, which shall not be less than one-third nor more than one-half 
of the total cost and expense thereof, shall be. paid out of the pro- 
ceeds of any levy or levies upon the grand duplicate of the county 
authorized by section four thousand eight hundred and thirty-six (a) of 
this act; and shall also order that the balance of said cost and expense 
shall be assessed upon and collected from the owners of the lots and 
lands, and from the lots and lands benefited thereby, in proportion to 
the benefit to be derived therefrom by said lots and lands. Said 
order shall also state the lands which shall be subject to be assessed 
for the cost and expense of said improvement, and whether the esti- 
mated assessment therefor shall be made before the improvement is 
commenced, or after the same is completed. 

Sec. 4836^. [Appointment and removal of engineer; plans, pro- 
files, etc.; letting of the work.] After making such order for an im- 
provement, the commissioners shall appoint a competent engineer to 
superintend the performance and completion of the work, who shall, 
under the directions and with the approval of said commissioners pre- 
pare and file the necessary plans, profiles and specifications of the 
work. After such plans and specifications as the commissioners deem 
necessary are adopted, the work shall be publicly let by the county 
commissioners to the lowest responsible bidder, who shall enter into 
bond with sufficient sureties, and in such amount as the commission- 

20-F. H. B. 



306 LAWS RELATING TO AGRICULTURE. 

ers shall approve and determine, conditioned for the faithful perform- 
ance of said work. Notice of such letting shall first be published for 
at least four weeks in some newspaper printed in the county and of 
general circulation therein, stating the nature and extent of the work 
and the time when said letting will be made, or, if sealed bids are re- 
quired, when the same will be opened. The commissioners may let 
the work as a whole, or in convenient sections, as they may determine. 
The commissioners may require a bond from each bidder in such sums 
as they may determine, with sureties to their approval, conditioned 
that if the contract be awarded on such bid, the bidder will enter into 
the contract and execute the bond, with approved sureties, for the 
faithful performance of the contract. The county commissioners 
may for cause remove the engineer herein provided for at any time, 
and appoint another in his place. And they may, in their discretion, 
if in their judgment no reasonable bid is made for said work, refuse 
to enter into such contract, but readvertise the same. 

Sec. 4836c. [Estimated assessment of expenses; objections 
thereto; equalizing board, its powers and duties assessment of life 
estates.] The said commissioners shall, either before the said im- 
provement is commenced, or after the same is completed, as they shall 
have determined at the time of ordering the improvement, appoint 
three disinterested freeholders of the county, resident therein, to make, 
upon actual view, and to report to said commissioners, an estimated 
assessment of the proportion of the cost and expense aforesaid upon 
the lots and lands to be charged therewith, or upon such of the lots and 
lands included in the descriptions and boundaries aforesaid, as in their 
judgment should be assessed, in proportion as nearly as may be to the 
benefits which may result from said improvement to the lots or lands 
so assessed, which assessment shall be filed with the county commis- 
sioners, and kept in the auditor's office for public inspection. Before 
adopting the assessment so made and reported, the said commissioners 
shall publish notice for three weeks consecutively, in some newspaper 
of general circulation in the county, that such assessment has been 
made, and that the same is on file in the office of the auditor for in- 
spection ; and if no objections are filed thereto within two weeks after 
the expiration of said notice, the commissioners may confirm the 
same. If the owner of any property assessed objects to the assess- 
ment so made, he shall file his objections in writing with the said com- 
missioners within two weeks after the expiration of the notice afore- 
said; and thereupon the commissioners shall appoint three other dis- 
interested freeholders, to act as an equalizing board, who shall meet 
at the county auditor's office at a time to be fixed by the county com- 
missioners, with power to adjourn from time to time, who shall hear 
and determine all objections to said assessment, equalize the same, or 
approve the assessment already made, as they shall deem just. They 
shall report their action to said commissioners, who shall have power 
to confirm the same, or to set the same aside and cause a new equal- 
izing board to be appointed, with like powers and qualifications. 
When said assessment is confirmed by the county commissioners, the 
same shall be final. The members of said assessing and equalizing 
boards shall, before entering upon their duties, take an oath before a 
proper officer to faithfully, honestly and impartially discharge their 



LAWS RELATING TO AGRICULTURE. 307 

duties in making or equalizing said assessment, and in either case a 
majority of the board shall have power to determine any question or 
matter before them. The equalizing board, or any of its members, 
shall have power to administer oaths to witnesses, and said board shall 
hear any testimony for or against the parties filing exceptions as afore- 
said. If any of the lands to be assessed are subject to a life estate, 
the assessment made thereon shall be apportioned between the owner 
of the life estate and the owner of the fee in proportion to the relative 
value of their respective estates, to be ascertained upon the principles 
applicable to life annuities. 

Sec. 4836c?. [Records and accounts; filing of profiles, plats, etc.; 
expenditure of money.] The commissioners shall cause to be kept by 
the county auditor a full record of all the proceedings herein provided 
for, together with accurate accounts of receipts and expenditures of 
money, under the provisions of this act; and all profiles, plats and 
specifications shall be filed and kept in the office of the county auditor ; 
and no money shall be drawn from the treasury belonging to the fund 
raised under the provisions of this act, except to pay liabilities already 
accrued, and then only in pursuance of orders caused by the commis- 
sioners while in session as a board, to be entered upon the record of 
their proceedings, and by orders drawn by the county auditor upon 
the county treasury in favor of the person to whom such money is due. 

Sec. 4836^. [When certain provisions shall not apply to improve- 
ments made under this act.] Whenever not less than one-third of 
the cost and expense of such improvement is by the commissioners or- 
dered to be paid by levv upon the grand duplicate of the county as 
provided in this act, sections forty-eight hundred and thirty-seven, forty- 
eight hundred and thirty-nine, forty-eight hundred and forty, forty-eight 
hundred and forty-one, forty-eight hundred and forty-two, forty-eight 
hundred and forty-three, forty-eight hundred and forty-four, and all the 
prohibitions of forty-eight hundred and thirty-six against the com- 
missioners, making an order for an -improvement, until a majority of 
the resident landholders of the county, whose lands are reported as 
benefited and ought to be assessed, subscribe the petition therefor, 
shall have no force or effect in such county as to improvements made 
or ordered under the provisions of this act, but said commissioners 
may proceed to order and cause said improvement to be made without 
other petition than that provided for in section forty-eight hundred and 
thirty-one, and the letting of the work, the performance of the same, and 
the making and confirming the assessment therefor, shall be under 
the provisions of this act. 

Sec. 4836/. [General tax levies for construction and repair of 
improved roads.] For the purpose of providing by general taxation a 
fund out of which not less than one-third of the cost and expense of 
all improvements made under the provisions of this act can be paid, 
the commissioners of such county are hereby authorized to levy upon 
the grand duplicate of the county, not exceeding seven-tenths of one 
mill in any one year upon each dollar of the valuation of the taxable 
property in such county. And said commissioners shall at all times 
cause all necessary repairs to be made on such roads already con- 



308 LAWS RELATING TO AGRICULTURE. 

structed, or hereafter to be constructed or improved for their proper 
maintenance; and for such purpose may and they are hereby author- 
ized to levy a tax upon the grand duplicate of the county, not exceed- 
ing four-tenths of one mill in any one year upon each dollar of the 
valuation of taxable property in such county. At their March session 
annually the commissioners shall divide each completed stone road 
in such county into sections of not more than two miles in length for 
the purpose of controlling the repairs of such roads. They shall at 
the same time make an estimate of the amount of materials required 
to keep each of said sections in proper condition during the next fol- 
lowing year and decide upon the most convenient places for having 
said material delivered. They shall then fix a day on which they will 
let to the lowest responsible bidder the job of furnishing and deliver- 
ing the said materials at the place decided upon and of keeping the 
said sections in repair for the period of one year according to specifi- 
cations to be submitted to the bidders. They shall require and en- 
tertain separate bids for furnishing the material at the designated 
places of delivery, and for doing the necessary labor in keeping said 
sections in repair. When the necessary preliminary steps, as herein- 
before provided, have been taken, they shall cause three weeks' notice 
to be given by advertisement and handbills posted up on the lines of 
said roads, of the time when and place where bids for furnishing and 
delivering the said material and doing the said work will be received. 
They shall enter into contract with the successful bidder, and shall 
require good and sufficient bond of him for the faithful performance of 
the same, reserving the right to terminate each and every contract 
whenever in their opinion its provisions are not complied with. Be- 
fore paying for any material furnished under contracts entered into in 
accordance with the provisions of this section it shall be the duty of 
the said board of county commissioners to inspect the same as to 
quality and quantity furnished. And said respective levies shall be in 
addition to all other levies authorized by law, notwithstanding any 
limitation upon the aggregate amount of such levies now in force. 
The proceeds of the levies hereby authorized to be made, shall be ap- 
plied and used by the county commissioners in the construction and 
repair of such macadamized, stone and gravel roads, as the case may 
be, and for no other purpose, and these funds shall not be subject to 
distribution to the townships but shall be expended under the direct 
orders and supervision of the county commissioners. All the pro- 
ceeds of such stone road building levies and of the sale of any bonds 
under the provisions of section forty-eight hundred and forty-six, shall be 
paid to the credit of a fund to be called "the stone road building fund," 
out of which shall be paid all the costs and expenses of said improve- 
ment, except the expense of the preliminary view and survey and the 
fees of the auditor and commissioner, but the auditor shall keep a 
separate account of each different improvement in a book to be kept 
for that purpose. The provisions of "An act to authorize certain 
cities to build bridges and issue bonds therefor," passed March 4, 1883 
(80 Ohio Laws, page 73), requiring all levies upon the property within 
any city of the third grade of the first class, made by the county com- 
missioners for road purposes, to be paid into the treasury of said city, 
shall in no wise conflict with the provisions of this act, and shall not 
be applicable to the levies specifically authorized therein, the pro- 



LAWS RELATING TO AGRICULTURE. 309 

ceeds of which are to be applied and used by the county commission- 
ers in the construction and repair of such roads. 

Sec. 48360. [Issue of bonds for construction and repair of im- 
proved roads.] The commissioners of any such county, containing a 
city of such third grade, first class, are hereby authorized, whenever, 
in their judgment, it is desirable, to issue and sell the bonds of such 
county to an amount not in excess of fifty thousand dollars ($50,000), 
for the purpose of paying such county's share of the costs and ex- 
penses of contracting [constructing] macadamized, stone or gravel 
roads, as provided in said preceding supplemental sections to said sec- 
tion 4836; said bonds to state for what purpose issued, to bear interest 
at a rate not in excess of four and one-half per cent, per annum, pay- 
able semi-annually, to mature in not less than ten years nor more 
than twenty years after their issue, and not less than five thousand 
dollars nor more than twenty thousand dollars of said bonds shall ma- 
ture in any one year, and they shall be sold according to law, and for 
not less than par and accrued interest ; the proceeds of such bonds to be 
applied and used exclusively for the same purposes and in the same 
manner as the levy of seven-tenths of one mill provided for in said 
supplementary sections, and may be in addition to such levy or any 
part thereof; and the interest and principal of such bonds to be paid 
from said levy of seven-tenths of one mill, or any part of same. 

Sec. 4836/1. [County commissioners authorized to issue bonds 
for repair of roads.] The commissioners of any such county contain- 
ing a city of the third grade, first class, are hereby authorized to issue 
and sell bonds of such county to an amount not in excess of fifteen 
thousand dollars ($15,000), for the purpose of paying for the repair of 
macadamized, stone, or gravel roads built under the provisions of 
[the] said section 4836 and sections supplemental thereto; said bonds 
to state for what purpose issued, to bear interest at a rate not in excess 
of five per cent, per annum, payable semi-annually, to mature in not 
less than ten nor more than twenty years after their issue, and they 
shall be sold according to law and for not less than par and accrued 
interest ; the proceeds of such bonds to be applied and used exclusively 
for the same purposes and in the same manner as a levy of four-tenths 
of one mill provided for in said supplemental sections, and the in- 
terest of such bonds is to be paid from the said levy of four-tenths of 
one mill or any part of the same. 

Sec. 4836^. [Commissioners in Lucas county may construct road 
without assessment upon private property.] If in the opinion of the 
county commissioners of any such county it is expedient and proper 
to construct any such road commencing at the intersection of sections 
sixteen and twenty-one in Lucas county, and extending not more than 
one mile in length, without making an assessment upon private prop- 
erty for any portion of the cost thereof, said county commissioners may 
proceed to make such improvement in a manner by .them deemed 
proper and pay for the same from the stone road building fund. 

[Bonds.] And may issue bonds of said county in a sum not to 
exceed five thousand dollars to reimburse said fund in accordance 
with the provisions and under the restrictions of section 4836^. 



310 LAWS RELATING TO AGRICULTURE. 

Sec. 4837. [When remonstrant bound for costs.] If it appear 
that any person who signed the petition asking for such improvement 
afterward signed a remonstrance against the same, so that by count- 
ing such person remonstrator instead of petitioner the object and 
prayer of such petition will be defeated, the person who is both peti- 
tioner and remonstrator shall be held liable, and shall pay all costs 
growing out of the presentation of the petition, and the proceedings 
had thereon ; and if the costs are not paid within thirty days after the 
dismissal of further proceedings in the case, the auditor shall tax the 
costs against such person, and if there is more than one such person, 
the auditor shall apportion the costs among such persons, in the pro- 
portion of the appraised value of their several lands for taxation that 
are within two miles of the route on which the improvement was 
prayed for, and shall place the same on the grand duplicate for col- 
lection, to become due and payable at the next December collection 
of taxes thereafter; and the same penalties shall attach, and the same 
proceedings shall be had in the collection, as in delinquent state and 
county taxes. 

Sec. 4837-1. [Applicability of certain statutes to Ashtabula, 
Licking, Wood, Holmes, Medina, Ottawa and Wyandot counties; 
portion of costs to be paid by county.] Except as otherwise herein pro- 
vided, and so far as the same may be applicable, sections 4836a, 4836ft, 
4836c, 4836c?, 4836/, 4836^, of the Revised Statutes, shall apply to, reg- 
ulate and govern the laying out and constructing of all two-mile as- 
sessment pikes that may hereafter be laid out and constructed in all 
counties of the state having at the federal census of eighteen hundred 
and ninety, or that may at any subsequent federal census have a pop- 
ulation of not less than forty-three thousand and not more than forty- 
five thousand, and in all counties of the state having at the federal 
census of eighteen hundred and ninety, or that may have at any sub- 
sequent federal census, a population of not less than twenty-one thou- 
sand and not more than twenty-two thousand; provided, in such 
counties not more than one-fourth of the total cost and expenses of 
such improvements shall be paid from the proceeds of levies upon 
the grand duplicates of such counties, and the bonds so authorized 
may bear interest at a rate not in excess of six per cent, per annum, 
payable semi-annually, and may be made to mature in not less than 
three and not more than ten years from the date of their issue. 

Sec. 4837-2. [All other sections relating to two-mile assessment 
pikes to be in force.] All the other provisions of chapter eight, title 
■seven, of the Revised Statutes regulating two-mile assessment pikes 
shall remain in full force and applicable to improvements made 
under this act except where inconsistent with the foregoing special 
provisions or with said sections 4836a, 4836ft, 4836c, 4836^, 4836/, and 
4836^. 

Sec. 4838. [Changes in the improvement and assessments author- 
ized.] If at any time after making such final order the commission- 
ers find that there has been an omission of lots and- lands within the 
territory sought to be assessed, or that there has been manifest in- 
justice in the apportionment of taxes, or that public necessity requires 
any alteration in the manner of the improvement as ordered, they may 
make such addition and re-apportionment as they deem just arid 



LAWS RELATING TO AGRICULTURE. 311 

proper, and such change in the improvement as will conform the same 
to the public requirement. 

Sec. 4839. [How proceedings abandoned before contract.] All 

proceedings relating to the construction of such improvements may- 
be discontinued at any time before a contract is entered into for the 
improvement, by the filing of a notice with the county auditor, signed 
by a majority of the petitioners for the improvement, stating that 
they will not further prosecute the same and the payment of all costs 
that have accrued up to the time such notice is filed; and thereupon the 
auditor shall immediately notify the engineer, and cause all proceed- 
ings relating thereto to be discontinued, and the county commission- 
ers, at their next regular or called session, shall place upon their rec- 
ords an order abandoning such proposed improvement, and vacate and 
set aside the order for the improvement. 

Sec. 4840. [How abandoned after contract.] At any time after 
the contract for the improvement is made, the commissioners may, 
with the consent of the contractor for the improvement, or the part 
or parts thereof to be affected, and also the consent of a majority of the 
petitioners for the improvement whose lands lie within two miles of 
the part thereof to be affected, vacate and set aside the order for the 
improvement, or any part thereof, or abandon any part of such pro- 
posed improvement, if they deem it proper and advisable to do so ; and 
in such case, if the order as to a part of such improvement be set aside 
and vacated, or a part of such proposed improvement be abandoned, 
such action shall not in any way impair or affect any order, contract, 
or proceeding relating to the remainder of the improvement; but no 
assessment shall be made for the remainder of any such improvement, 
upon any lands not lying within two miles of such remainder. 

Sec. 4841. [Engineer to be appointed to make contract for im- 
provement of two-mile assessment pike.] After making such order 
for. an improvement, or for any change in the same, the commissioners 
shall appoint a competent engineer to superintend the performance 
and completion of the work, who shall enter into a good and sufficient 
bond, with surety to be approved by the county commissioners, condi- 
tioned for the faithful performance of his duties, in a sum to be fixed 
by said commissioners, and an action may be brought on such bond 
by any person aggrieved by a failure of the engineer to do his duty, 
in the name of such party, and recovery may be had for his use and 
benefit. The engineer shall, with the approval of the county commis- 
sioners, make a contract for the performance of the work, and the 
contractor may at once enter upon the performance of the work, 
under the superintendence of the engineer; but the improvement shall 
be let in sections of not less than one-half mile, by public out-cry, or 
sealed bids, and to the lowest and best bidders, who shall give such 
reasonable security for the proper performance of his contract within 
the time and in the manner described, as the county commissioners 
may deem expedient. The county commissioners may, for cause, 
remove the engineer and appoint another in his place. 

Sec. 4842. [Commissioners to apportion estimated expense of 
improving free turnpikes.] The commissioners, when any such im- 



312 LAWS RELATING TO AGRICULTURE. 

provement is ordered, shall immediately appoint three disinterested 
freeholders of the county, who shall, upon actual view of the premises, 
apportion the estimated expense thereof upon the real property em- 
braced in the order, according to the benefit to be derived therefrom, 
and report the same to the county auditor; and in making such ap- 
portionment, they shall take into consideration all previous special 
assessments, or special taxes made upon such real property for the 
improvement of any road, and any benefit which will accrue to any 
land by reason of drainage resulting from the making of the improve- 
ment; and if any of the lands to be assessed are subject to a life estate, 
the assessment made thereon shall be apportioned between the owner 
of the life estate and the owner of the fee, in proportion to the relative 
value of their respective estates, such proportion to be ascertained 
upon the principles applicable to life annuities. 

Sec. 4843. [Notice and proceedings on report.] When the re- 
port of the committee is returned, the county auditor shall give notice 
thereof by publication in some newspaper published and of general cir- 
culation in the county, for at least three consecutive weeks, of the 
time when the commissioners will meet at the county auditor's office 
to hear the same; and on the day named in the notice the commission- 
ers shall meet, and if no exceptions have been filed to the report, 
shall confirm the same ; but if exceptions in writing have been filed by 
any of the owners of the lands affected thereby, they shall first proceed 
to hear such exceptions, and for that purpose shall hear any testimony 
offered by any party interested, and either of the commissioners may 
administer oaths to witnesses ; and after such hearing they may either 
confirm the report, change it, or refer it to a new committee of three 
disinterested freeholders. 

Sec. 4844. [Proceedings on a re-reference.] If the report be re- 
ferred, the new committee shall, upon actual view of the premises, 
report a new apportionment, or recommend the confirmation of the 
former report ; upon the return of such report to the county auditor, 
the same proceedings shall be had as upon the return of the first report, 
except that there shall not be a re-reference to another committee ; and 
the final action of the commissioner [s] shall be entered upon their 
records, together with the report as confirmed, showing how the esti- 
mated expense has been apportioned upon the lands ordered to be 
assessed. 

Sec. 4845. [Assessment may be increased or diminished.] After 
the work is completed, the county auditor, before placing the assess- 
ment upon the duplicate, shall add to or deduct from the estimate, pro 
rata, the amount that the actual expense may be found to be more or 
less than the estimate ; all assessments on lands, under the provision of 
this chapter, shall be placed upon a special duplicate, to be provided by 
the county auditor, at the expense of the county ; and the costs and 
expenses of the preliminary survey, proceedings, and report of the 
improvement, shall be paid out of the county treasury. 

Sec. 4846. [Commissioners may issue bonds to meet expenses 
of road improvements.] For the purpose of raising the money neces- 
sary to meet the expense of the improvement, the commissioners of 



LAWS RELATING TO AGRICULTURE. . 313 

the county may issue the bonds of the county, payable in installments, 
or at intervals not exceeding in all the period of twenty years, bearing 
interest at the rate not to exceed six per cent, per annum, payable semi- 
annually, which bonds shall not be sold for less than their par value ; 
the assessment shall be divided in such manner as to meet the payment 
of principal and interest of the bonds; be placed upon the duplicate 
for taxation against the lands assessed, and collected in the same man- 
ner as other taxes ; and when collected, the money arising therefrom 
shall be applied for no other purpose than the payment of the bonds 
and interest; but the county commissioners shall build all bridges and 
culverts on the improvement, and pay for the same out of the bridge 
fund of the county; and no bonds shall be delivered, or money paid to 
any contractor, except on the estimate of work done, as the same pro- 
gresses, or is completed. 

Sec. 4847. [When assessment is insufficient.] If it be ascer- 
tained by the county auditor that the assessments on land upon the du- 
plicate are not sufficient to pay for the construction of any such road, 
he shall add to the assessments, pro rata, the amount that the actual 
expense is found to be more than the assessments on the duplicate, and 
the additional assessments shall be placed upon the same duplicate 
with previous assessments for the construction of the same road, and 
shall be collected in like manner. 

Sec. 4848. [How excess of assessments on two-mile turnpikes 
distributed.] Any balance of assessments made for the construction 
of any such road remaining in- any county treasury, after the payment 
of all expenses incurred on account of the road, shall be certified by the 
county auditor into the treasuries of the townships through which the 
road is located, proportionately to the amount paid for the making of 
the same in each of the townships, to be expended under the order of 
the township trustees in repairing the road ; but in counties where the 
county commissioners are constituted a board of turnpike directors, 
such unexpended balance shall be transferred to the general improved 
road repair fund of such county. 

Sec. 4849. [Compensation and fees.] The compensation of per- 
sons employed under this chapter shall be fixed by the county com- 
missioners, and shall not exceed three dollars per day; but the sur- 
veyor or engineer and the county auditor shall receive such compen- 
sation for their services as is fixed by law for the compensation of the 
county surveyor and county auditor respectively for like services in 
other cases. 

Sec. 4850. [Cities and villages may assist in constructing im- 
proved road.] When any road to be improved under and by virtue of 
this chapter begins or terminates in a city or village, the corporate 
authorities thereof may, upon the recommendation of the county com- 
missioners, if they deem the same expedient, agree to pay in the bonds 
of such city or village, in the manner and proportions described in 
sections forty-eight hundred and forty-six, in addition to any amount 
that may be assessed upon the real property within such corporation 
by virtue of the provisions of this chapter, an amount not exceeding 
one-fifth of the entire cost of the road; but the entire tax to be im- 



314 LAWS RELATING TO AGRICULTURE. 

posed for road purposes, by virtue of this section, shall not in any year 
exceed five mills on the dollar of the taxable property in the corpo- 
ration. , 

Sec. 4851. [Cities in adjoining counties may aid.] When it is 
desirable or expedient to continue any road contemplated under this 
chapter, into or through an adjoining county, the city council of any 
city of the first or second class, may, upon the application and recom- 
mendation of the county commissioners of such county, if the council 
deem the same promotive of the general interests of such city, aid in 
the construction of the road to an extent not exceeding one-fifth of 'its 
cost, the payment of the same to be provided for in the manner and 
proportions described in section forty-eight hundred and forty-six. 

Sec. 4852. [Plats, profiles, and surveys to be preserved.] All 

plats, profiles, and surveys, on applications for road improvements, 
when the application fails, and the county commissioners refuse to or- 
der the construction of the road, shall be carefully preserved in the 
office of the county auditor, and the county commissioners are au- 
thorized to use the same, if practicable, on any new application for the 
same road, or any part of the same road ; and upon such use of plats, 
profiles, or surveys, or any part thereof, the persons originally charged 
with the cost of the same shall be paid therefor, or such part thereof 
as may be so used, in the manner provided by law. 

Sec. 4853. [Commissioners may receive donations, and contract 
for material.] The commissioners may receive subscriptions and do- 
nations, in money, or real or personal property, which shall be applied 
to the construction or improvement of the road, and may contract for 
and purchase such stone, gravel, or other material as may be necessary 
for the construction and repair of the road. 

Sec. 4854. [Appointment of appraisers of material.] If the com- 
missioners and owners of such stone, gravel, or other material cannot 
agree on a price deemed fair and reasonable, the commissioners may 
apply to the judge of the probate court of the county, or if such 
material is located in another county than that in which the road is 
located, then to the judge of the probate court of the county in which 
such material is located, to appoint appraisers to assess the value of 
the material; thereupon an order shall be entered of record in the 
office of such probate court, directing that notice in writing be served 
by the commissioners, upon the person whose property is sought to be 
appropriated, not less than ten days before the further proceedings 
herein provided for shall be had ; and such notice shall contain a brief 
description of the property sought to be appropriated, and state the 
use to which it is to be put, and the time when further proceedings 
shall be had. 

Sec. 4855. [Their duties and their award.] Upon the day so 
fixed, the probate court, before whom such application is filed shall 
appoint three disinterested freeholders, who, after being duly sworn to 
impartially assess the value of the material, or any part of the same, 
shall enter upon the premises of the owner and assess the value there- 
of ■; and they shall also asess the damages that will accrue to the owner 



LAWS RELATING TO AGRICULTURE. 315 

by the removal of the material through his premises, and shall, within 
ten days after their appointment, return their award to the probate 
court. 

Sec. 4856. [Affirmance of the reward.] The judge of the pro- 
bate court shall, upon the return of the award, furnish the commis- 
sioners, on application, a copy of the same, and also furnish a copy to 
the owner of the material; and thereupon, if neither party signify an 
intention to appeal to the court of common pleas, the probate court 
shall at once render judgment for the amount of compensation and 
damages awarded by the appraisers, and order that, upon payment of 
such sums and costs, the commissioners may enter upon the lands, 
either inclosed or uninclosed, and remove such material as may be re- 
quired to make the road. 

Sec. 4857. [Appeals to the common pleas.] An appeal from the 
decision of the appraisers to the court of common pleas may be allowed, 
if taken within thirty days after the rendering of the award ; either 
party desiring to appeal shall give notice at the time, or within three 
days thereafter, of his intention to appeal to the court of common pleas, 
and thereupon the probate court shall require such appellant to enter 
into a bond, in a sum not exceeding the value of the property sought 
to be appropriated, conditioned that the appellant shall perform the 
judgment of the court of common pleas, and pay all costs and damages 
adjudged or ordered by such court; when such bond is filed, the pro- 
bate court shall send all the original papers in the proceeding, with a 
certified copy of the journal entries made in the cause, to the clerk of 
the court of common pleas ; and in that court a jury of twelve men 
shall be impaneled according to law, to try and determine the amount 
of compensation and damages that shall be awarded, and such pro- 
ceedings shall be had as are provided by law to appropriate private 
property for public use; but such appeal shall not prevent the imme- 
diate entry upon the premises by the commissioners, for the purpose 
of taking material. 

Sec. 4858. [When the road is in more than one county.] When 
any proposed road improvement contemplated by this chapter is in 
more than one county, application shall be made by petition to the 
commissioners of each of the counties, and the commissioners of such 
counties, upon the petition and bond being filed in their respective 
counties, shall meet in joint session, at such time and place as the audi- 
tor of the county in which there is more of such proposed improved 
road located than in any other county shall appoint, in a notice to the 
auditors of each of the counties in which the petition has been filed. 
The auditor of the county in which the joint board meets shall be the 
clerk of the board, and furnish a certified copy of the proceedings to 
each of the counties interested. The said joint board shall not order 
such improvement made until the said petitions are respectively signed 
by a majority of the resident land owners of the county wherein such 
petition is filed, whose lands will be assessed to pay the expenses of 
said improvement. The petitioners shall have the qualifications re- 
quired in section four thousand eight hundred amd thirty-six (4836). The 
viewers, surveyors and engineers, persons to apportion the estimated 
expense of the improvement shall have the qualifications required, 



316 LAWS RELATING TO AGRICULTURE. 

when the improvement is confined to one county. And the viewers 
and persons to apportion the estimated expense shall be appointed so 
as to allow one at least to each county, if there are not more counties 
than there are persons to be appointed. There shall be separate re- 
ports of the viewers and of the persons to apportion the expenses, for 
so much of such improvement as lies in each county, which shall be 
filed with the clerk of the joint board. If any person appointed to per- 
form duty under the provisions of this chapter shall be unable to per- 
form such duty, the commissioners, or joint board of commissioners, 
as the case may be, shall appoint another person to fill the vacancy. 
The assessments shall be paid into the county treasury of the county 
where the lands assessed are located ; and the money shall be paid out 
on the order of the joint board. A majority of the joint board shall 
have power to make findings and orders necessary to carry out the pro- 
visions of this section ; but such majority shall be composed of at least 
one commissioner from each county in which the improvement is lo- 
cated. In all matters not herein provided for the joint board shall 
proceed according to the provisions of this act. But proceedings al- 
ready commenced shall be continued as if this act was not passed. 

Sec. 4859. [Appeals in such cases.] Applications may be made 
by the joint board, to the probate judge of the county in which stone, 
gravel, or other material is located, to appoint appraisers to assess the 
value thereof, and damages, and like proceedings shall be had thereon 
as are provided in other cases ; and any person feeling aggrieved by 
any decision of such appraisers may appeal from such decision to the 
probate court of such county, and such proceedings shall then be had 
as are provided for appeals in section forty -eight hundred and thirty-four 
and such orders and judgments be rendered as are there provided for, 
and the necessities of the case may require. 

Sec. 4860. [Assessments for two-mile assessment pikes, how 
enforced; issue of bonds to the amount or delinquencies.] When an 
assessment, made upon any real estate by virtue of proceedings had 
under this chapter, remains unpaid for the period of one year after the 
same is placed upon the special duplicate, the auditor of the county in 
which such real estate is situate, shall, unless otherwise ordered by the 
county commissioners, place the same upon the general duplicate for 
collection, together with a penalty of six per cent, per annum as county 
improved road taxes, and the amount of delinquent tax thus placed on 
the general duplicate shall be charged, respectively, to the several im- 
proved roads on account of which such assessments have been made as 
a transfer from the county improved road fund. And the commis- 
sioners of the county are hereby authorized to issue county improved 
road bonds not exceeding the amount of such delinquencies after each 
semi-annual settlement between the auditor and treasurer for a term 
of years, not exceeding three, at a rate of interest not exceeding six 
per cent., payable semi-annually, and for the payment of which both 
the principal and interest, the faith of the county shall be pledged, and 
the money arising from the sale of the same shall be charged to the 
county improved road fund; and the commissioners, in their annual 
report to the court of common pleas, shall fully set forth the amount of 
tax transferred and bonds sold as provided in this section. 



LAWS RELATING TO AGRICULTURE. 317 

Sec. 4861. [Improved roads may be surrendered to county com- 
missioners.] Any road, or part thereof, constructed or improved by 
any corporate body, or otherwise, may, after the completion thereof, 
with the consent of the stockholders or contributors thereto, be relin- 
quished and transferred, without consideration, to the commissioners 
of any county in or through which it is located, together with all rights 
and privileges appertaining thereto — such transfer or relinquishment 
to be evidenced by a written declaration, executed by the president and 
secretary of such corporate body, or by the other owners ; and upon the 
deposit of such instrument of writing, duly executed, with the county 
auditor, the commissioners, if satisfied that such road has been built 
in such manner as to make a good and lawful turnpike, and that there 
are no debts against the same for the construction thereof, shall, by a 
proper order, cause the road to be entered of record as a free turnpike, 
within the meaning of this chapter, and thereafter such road or part 
thereof transferred shall be a free road, and shall be kept in repair as 
provided in chapter [ten]. 

Sec. 4862. [County may purchase roads.] The county commis- 
sioners of any county may purchase and make free any turnpike road, 
or part of such road, within the limits of their respective counties, on 
the conditions and by the procedure which are provided for the con- 
struction or improvement of roads in this chapter. 

Sec. 4863. [Who may take advantage of errors.] No person 
shall be permitted to take advantage of any error committed in any 
proceeding to lay out, construct, or improve a road under and by vir- 
tue of this chapter, nor of any error committed by the county commis- 
sioners or county auditor, or by the engineer or surveyor, or other per- 
son, in the proceeding to lay out, construct, or improve such road, 
nor of any informality, error, or defect appearing in the record of such 
proceeding, unless the party complaining is affected thereby. 

Sec. 4864. [How far proceedings may be declared void.] But 

the court in which any action is now pending, or may hereafter be 
brought to enjoin, reverse, or declare void the proceedings by which 
any such road has been laid out, constructed, or improved, or ordered 
to be laid out, constructed or improved, or to enjoin the collection of 
any tax or assessment levied or ordered to be levied, for the purposes 
aforesaid, or of either, may, if there be manifest error in such proceed- 
ings affecting the rights of the plaintiff in such action, set the same 
aside as to him, without affecting the rights or liabilities of the other 
parties in interest; the court shall, on the final hearing, make such or- 
der in the premises, as may seem equitable and just, and may order 
the tax assessment levied against the plaintiff to remain on the dupli- 
cate for collection, or to be again levied in whole or in part, or may 
perpetually enjoin the same, or any part thereof; the costs of such 
action, and of the proceedings had therein, shall be apportioned among 
the parties, or paid out of the county treasury, in whole or in part, as 
justice may require and the court direct ; and this and the preceding 
sections shall govern actions or proceedings now pending, so far as 
the same are applicable. 



318 LAWS RELATING TO AGRICULTURE. 

CONVERTING TOLL ROADS. 

Sec. 4865. [Owners may propose to commissioners to sell toll 
road.] The duly constituted officers of any incorporated turnpike 
company may, after obtaining the written consent of the owners of a 
majority of its stock, make a proposition to the county commissioners 
of the county in which its road, or any part thereof, is located, for the 
sale of such road, or any part thereof, in order that the same may be 
converted into a free road as hereinafter provided. 

Sec. 4866. [Appraisement of the road and bridges.] The county 
commissioners, upon receipt of such proposition- of sale, shall ap- 
point three competent disinterested freeholders of the county apprais- 
ers, who shall, upon actual view of the road, make and return to the 
commissioners, under oath, their appraisement of the actual cash value 
thereof, and the actual cash value of the bridges and culverts which 
have been built thereon by such company. 

Sec. 4867. [The commissioners may propose to buy.] The com- 
missioners, at their next regular meeting after the receipt of the report 
of the appraisers, shall, if they deem the valuation reasonable, make 
a proposition to such officers for the purchase of the road, or any part 
thereof, at the value reported by the appraisers, on the condition that 
a majority of the resident land owners along and adjacent to the line 
of the road, whose lots and lands will be assessed for the purchase 
of the same, shall petition the county commissioners for an assessment, 
as provided in section forty-eight hundred and sixty-nine. 

Sec. 4868. [Company may accept proposal.] The officers of 
such company may, after obtaining the written consent of the owners 
of a majority of the stock of the company, accept the proposition of the 
commissioners for the purchase of the road, or any part thereof, sit- 
uate in the county; and such acceptance shall be binding upon the 
company for the space of six months succeeding the date thereof. 

Sec. 4869. [Petition of land owners for purchase.]. After the 
filing of such acceptance with the commissioners, the resident land 
owners along and adjacent to the line of the road, whose lots and lands 
will be assessed for the purchase of the same, may petition the county 
commissioners of the county through which the road or any part 
thereof runs, for the purchase of the road at the appraised value, that 
the bonds of the county be issued to such company according to its 
acceptance, and that a sum sufficient to pay the amount with which 
they will be charged, together with the interest, may be assessed upon 
the lots and lands which would be benefited by the conversion of the 
road into a free road, within no greater distance than two miles 
thereof. 

Sec. 4870. [County to pay for bridges.] The cash value of the 
bridges and culverts which have been built by the company, as ap- 
praised by the appraisers, shall be paid by the county commissioners 
out of the bridge fund of the county, less any- amount they may have 
theretofore appropriated. 



LAWS RELATING TO AGRICULTURE. 319 

Sec. 4871. [How assessments made.] In ascertaining what lots 
and lands are benefited, and to what extent each piece shall be assessed 
for the purchase, and whether a majority of the owners thereof have 
petitioned therefor, the county commissioners, auditor, and treasurer 
shall have the same power and authority provided in chapter eight, 
and be governed in the assessment and collection of taxes to pay for 
the road so purchased, and in all other respects, so far as the same may 
be applicable, by the provisions of that chapter. 

Sec. 4872. [How put in proper condition and kept in repair.] 

After the purchase of any such road by the commissioners it shall im- 
mediately become a free road, to be kept in repair as provided in chap- 
ter ten; but. if the county commissioners are of opinion that such road 
is not in repair and condition equal to free turnpikes in the vicinity 
thereof, they are authorized, at their discretion, to assess on the lands 
taxed for the purchase thereof an amount which will,in their judgment, 
put it in repair equal to the free turnpikes, such assessment shall be 
made upon the lands taxed for the conversion of the toll road into 
a free road, and in the same proportion, be placed upon the same 
special duplicate, and collected at the same time and in the same man- 
ner as the taxes for the purchase of the toll road are collected, and 
when collected be applied by the county commissioners in the repair 
of the road, and for no other purpose. 

Sec. 4873. [Fees of officers and others.] The officers and other 
persons who perform service under this chapter shall be allowed the 
same fees as they are allowed for like services in other cases, and may 
be paid out of the fund created by this chapter, or out of any funds in 
the county treasury not otherwise appropriated. 

Sec. 4874. [Owners of certain roads may sell the same.] A per- 
son owning the right to take toll on any toll road, or the road of any 
incorporated turnpike company, which right has been purchased under 
the provisions of the act of the general assembly passed February 8, 
1826, entitled "an act for the regulation of turnpike companies," may 
sell such right to the county commissioners of the county in which the 
road or any part thereof is located, in conformity with the provisions 
of this chatper, so far as the same may be applicable. 

Sec. 4875. [To be a free road.] After the purchase of such right 
by the commissioners, the road shall immediately thereafter become a 
free road, for the period over which such right extends. 

REPAIR OF IMPROVED ROADS* 

Sec. 4876. [Improved roads to be repaired.] All macadamized 
or graveled roads which are free roads, whether constructed under 
general or local laws by taxation or assessment, or both, or converted 
by purchase or otherwise from a toll road into a free road under any 
law, and all turnpike roads, or parts thereof, unfinished or abandoned 
by any turnpike company, and appropriated or accepted by the com- 
missioners of the county, shall be kept in repair as provided in this 
chapter. 



320 LAWS RELATING TO AGRICULTURE. 

Sec. 4889. [Townships in certain counties made road districts.] 

Each township in the counties of Belmont, Butler, Carroll, Champaign, 
Clermont, Clinton, Columbiana, Cuyahoga, Darke, Delaware, Erie, 
Franklin, Geauga, Greene, Hamilton, Harrison, Licking, Lucas, Mont- 
gomery, Muskingum, Ottawa, Preble, Portage, Pickaway, Ross, Stark, 
Summit, Trumbull, Tuscarawas, Washington, Warren and Wayne in 
which any such free road is located, shall be a road district for the care 
and maintenance thereof. 

Sec. 4889a. [Certain repairs in Pickaway county.] In Pickaway 
county, the county commissioners shall repair all embankments or 
levees, on which free turnpike roads are located, which have been con- 
structed to prevent overflows and inundations of said free turnpikes, 
and the expense of repairing such embankments or levees, or free 
turnpikes constructed thereon, shall be paid out of the money raised 
by taxation for road or bridge purposes in said county. 

Sec. 4889??. [Townships in Stark and Columbiana counties made 
road districts.] That the several townships in the counties of Stark 
and Columbiana, state of Ohio, be and the same are hereby constituted 
and made separate and independent road districts for the purpose 
of repairing and improving the roads and highways as herein set forth, 
independent of and free from the operation of existing laws relating 
to the. improvement of roads and highways, and all other laws not con- 
sistent with the provisions of this act. 

Sec. 4889c. [Office of road supervisor abolished.] After the 
passage of this act the office of road supervisor for the subdistricts 
into which the various townships have been divided shall be and is 
hereby abolished. 

Sec. 4889c?. [Roadmaster; appointment; term; oath; bond; re- 
movals; vacancies; compensation.] Within fifteen days from the 
passage of this act the township trustees of the various townships 
shall, with the advice and consent of the board of county commis- 
sioners appoint a road master who shall hold office for a term of one 
year, unless sooner removed (which power of removal shall vest in 
said township trustees), and until such time as his successor shall be 
duly appointed and qualified. Said appointment shall date from the 
first day of April of each year. Said roadmaster shall take an oath of 
office, and shall give bond for the faithful performance of his duties 
in a sum not less than five hundred dollars, with sureties to the satis- 
faction of the township trustees, which bond shall be filed with the 
township clerk of the respective townships. No removal can be made 
except for cause, and such cause of removal shall be stated in full on 
the record of said township trustees ; and all vacancies, from any 
cause whatsoever, shall, with the advice and consent of the board of 
county commissioners be filled by the township trustees, provided 
that any appointment made to fill a vacancy shall be only for the unex- 
pired term caused by such vacancy. Said roadmaster shall be paid not 
to exceed the sum of two dollars and fifty cents per day for each day of 
ten hours actually and necessarily devoted to the performance of his 
official duties, as herein set forth, and the amount due .for such ser- 
vice shall be paid out of the road fund of the township monthly, upon 



LAWS RELATING TO AGRICULTURE. 



321 



the roadmaster presenting a claim and making a full, complete and 
itemized statement of such services, which the said township trustees 
shall allow if true and correct. 

Sec. 4889^. [Improvement of township roads.] After the pas- 
sage of this act the trustees shall make, or cause to be made a plat of 
the roads of the several townships, which plat shall be kept in the 
office of the township trustees and the same shall show places of be- 
ginning, and shall designate the road or part of road to be improved 
by macadamizing, graveling, or any other feasible or expedient means ; 
and said township trustees shall yearly thereafter, in conjunction with 
the roadmaster, estimate the amount of road to be improved, the man- 
ner and kind of improvement, and from time to time thereafter, yearly 
if possible, as the improvement on specified roads, shall be completed, 
add other roads thereto, until all the roads of the township shall be 
improved, provided that the principal and most used roads shall have 
precedence in the time of the making and improvement. 

Sec. 4889/. [Trustees to make contracts.] Said township trus- 
tees may contract by the year or otherwise for furnishing the material 
and for making the necessary repairs or improvements of said roads 
in their respective townships. For the purpose of letting such con- 
tracts the trustees shall divide the roads to be contracted for into suit- 
able sections, and the same shall be sold or let by sections. The town- 
ship trustees shall by posting notices in at least twelve public and con- 
spicuous places in the respective townships, let out such contract to 
the lowest responsible bidder, said notices to specify the nature and 
extent of the work to be done and invite proposals of bids therefor. 
The trustees shall have the right to reject any or all bids. Such con- 
tracts shall be let upon specifications of the materials to be used, fully 
stating the manner in which the work or improvement shall be per- 
formed, which specifications shall be prepared and furnished by the 
roadmaster and the township trustees. Bidders shall be required to 
state their bids in such w r ay as the trustees may require. Contractors 
for such work shall give bond to the satisfaction of the trustees in 
double the amount of the contract price, for the faithful performance 
of such contract. Said contract shall provide that the same shall be 
performed to the satisfaction of the roadmaster and the township trus- 
tees, and no payment shall be made on any such contract except upon 
the roadmaster's certificate that the provisions of the contract have 
been complied with, subject to the approval of the township trustees. 
No contract shall be for more than one year. 

Sec. 48890-. [Duties of roadmaster.] The township roadmaster 
shall have charge of the repair and improvement of all the roads in the 
township, and it shall be his duty to make or cause to be made, all 
needed repairs such as scraping, leveling, repairing culverts, opening 
ditches and water courses and such other duties in connection with the 
repair and improvement of roads as the township trustees may order. 
Provided, that the scraping and leveling, repairing culverts and open- 
ing ditches, and water courses be performed before the 15th day of 
June of each year ; provided further, that nothing in this section shall 
prevent the necessary repair of an}' road at any time during the year. 
The trustees shall annually, at a regular meeting, fix the compensation 

21— F. H. B. 



322 LAWS RELATING TO AGRICULTURE. 

to be paid for teams, drivers and laborers to be employed on the road 
in their respective townships and the roadmasters shall employ such 
number of teams and such labor as may be necessary to make said re- 
pairs within said time, as provided in section six of this act. And in 
making such employment, the roadmaster shall give preference to the 
residents in the vicinity of such repair. Provided, however, that at no 
time shall the expenditure exceed the amount of money in the road 
fund or in process of collection for said fund. 

Sec. 4889/j. [Tax levy.] For the purposes of this act the trus- 
tees are authorized to levy a tax not to exceed four mills on the dollar 
of all taxable property in the township which levy shall be made and 
certified the same as other township levies, and all such taxes shall be 
paid in money, and when collected and received by the several town- 
ships shall constitute a township road fund, and shall be used for re- 
pairing, making and improving roads and for no other purpose. 

Sec. 4889*'. [Completion of contract.] All contracts let under the 
provisions of this act shall be completed before the first day of October 
of the year in which the contract was given. 

Sec. 4889;. [Meaning of term "improved roads."] The term 
"improved roads" as used in this act shall be construed to mean all 
roads which have been graveled, macadamized, or otherwise improved 
by contract under the provisions of this act. 

Sec. 4889^. [Application to municipal corporation.] The pro- 
visions of this act shall not apply to any incorporated city or village 
within any township covered by the provisions of this act; nor can 
the roadmaster so appointed by the township trustees be a resident of 
any incorporated city or village, within the township, nor shall said 
roadmaster be nearer of kin than second cousin to any member of the 
board of township trustees making the appointment. 

Sec. 4890. [Auditor to give notice to township clerk.] Unless 
such notice has heretofore been given, the auditor of each of said coun- 
ties shall immediately give notice to the clerk of each township in 
which any such road is located, that the trustees are required to take 
the charge and control thereof; and the auditor shall give the like 
notice upon the acceptance or appropriation of any other macadamized 
or graveled road by the county commissioners. 

Sec. 4891. [Township trustees charged with the repair of im- 
proved roads.] The township clerk, on receipt of such notice from 
the auditor, shall immediately notify the township trustees of such 
fact, who shall, upon receipt of the notice, have full charge and control 
of all such roads as are herein provided for within their townships ; and 
the trustees shall divide such road, or roads, into sections of not less 
than one-half mile each, and shall keep them in repair, and in good 
condition for all kinds of public travel, and for that purpose they are 
invested with all necessary powers as to drainage, the purchase of 
stone, gravel, or other material, or if necessary, the condemnation of 
such material for the repair of the roads within their townships, as are, 
or may be conferred by law upon county commissioners. 



LAWS RELATING TO AGRICULTURE. 



323 



Sec. 4892. [Trustees may assign roads to supervisors.] The 

trustees may at their regular March session each year apportion and 
assign to the several supervisors of roads in their townships, or to 
other suitable persons, such road or roads, or any part or parts thereof 
in the road districts of such supervisors respectively, to be by such 
supervisors, or by such other suitable persons kept in repair as re- 
quired in section forty-eight hundred and ninety-one and under the con- 
trol and supervision of the trustees. And all money paid out of the 
township treasury for the repair or improvement of such roads shall be 
paid to the person performing such labor, on the order of the trustees 
of such township. 

Sec. 4893. [Trustees to report annually to commissioners.] The 

trustees shall transmit to the commissioners of the county, prior to 
their regular quarterly meeting on the first Monday of June in each 
year, a statement showing the number of miles of free gravel roads in 
their township, the amount of levy made for road purposes, and the 
pro rata of the same set apart for keeping such roads in repair and 
expended on the same, and the conditions in which such roads are for 
public travel. 

Sec. 4894. [Trustees shall set off persons and districts for repair 
of roads ; labor on roads ; improved road fund ; use of tools owned by 
township ; transfer of certain funds to be used for such repairs.] The 

trustees shall provide means for keeping in repair all such roads within 
their township, and for that purpose shall set off persons and districts ; 
such persons shall perform their two days' labor as required by law, 
and also labor in commutation of taxes, the same to be worked out 
under the direction of such supervisors or such other suitable persons, 
as provided in sections forty-eight hundred and ninety-one and forty- 
eight hundred and ninety-two, and under the control and supervision of 
the trustees, and such supervisors or other suitable persons shall be 
authorized to give receipts therefor ; and such trustees shall set off, 
from the common road fund of their township, such amount as to them 
shall seem equitable, to be an improved road fund, especially appli- 
cable to the care and improvement of such roads, and may also allow 
the use of any plows, scrapers, or other implements owned by the 
township for road purposes, and in any county in which said improved 
roads have been placed under the control of the county commissioners, 
any funds set apart or collected in any township for the repair of such 
roads, or any balance thereof remaining in any township treasury, 
may, by the township trustees, be transferred, and used for the repair 
of any roads in the township, as said trustees may deem necessary. 

Sec. 4895. [County commissioners may levy additional tax for 
road purposes.] If the tax levied by the township trustees and the 
road-labor where applied to such improved roads are found by the 
county commissioners to be insufficient to keep such roads in good 
repair, they may determine and levy an additional per centum of extra 
road tax, to be levied upon the taxable property of the county, not 
exceeding two mills on the dollar in any year; and the same shall be 
collected as other taxes, and when collected, shall be paid by the 
county treasurer to the township treasurers, upon the order of the 
county commissioners in such proportion as they may determine to be 



24 



LAWS RELATING TO AGRICULTURE. 



|ust and equitable between the several townships in which the roads 
.re located, and shall be expended upon such improved roads, in ac- 
:ordance with the foregoing provisions ; or the county commissioners 
ihall, in any townships within their respective counties, in which such 
•oads are not kept in good repair as heretofore provided, levy an ad- 
litional tax to that levied by the trustees thereof, on all the taxable prop- 
:rty of the township, on the basis of the number of miles of im- 
»roved road or roads, within the township, sufficient to keep the same 
In good repair, to be collected as other taxes are, and paid over to the 
[reasurer of the township on which such levy is made, and shall be 
expended by the trustees thereof on the improved roads within their 
^ownship, so as to keep the same in good repair. 

Sec. 4895a. [Road districts created in Champaign county.] Each 
[ownship in all counties which at the federal census of 1880 had, or at 
my subsequent federal census shall have, a population of not less than 
•7,817 nor more than 27,825, or at the federal census of 1890 had, or 
it any subsequent federal census shall have, a population of not less 
:han 26,950 nor more than 27,000, is made a road district for the care 
md maintenance of all public highways, all macadamized or graveled 
•oads which are free roads, whether constructed under general or local 
|aws by taxation or assessment, or both, or converted by purchase, or 
ttherwise from a toll road into a free road under any law, and all turn- 
>ike roads or parts thereof, unfinished or abandoned by such turnpike 
:ompany and appropriated or accepted by the commissioners of the 
:ounty, and the same shall be kept in repair as herein provided. 

Sec. 4895ft. [Notices by auditor.] Unless such notice has al- 
ready been given, the auditor of each of said counties shall immediate- 
ly give notice the clerk of each township that the trustees are re- 
hired to take the charge and control thereof; and the auditor shall 
;ive the like notice upon the acceptance or appropriation of any other 
uch roads. 

Sec. 4895c. [Township trustees to appoint road superintendents 
>n receipt of notice.] The township clerk, on the receipt of such no- 
ice from the auditor, shall immediately notify the township trustees 
)f such fact, who shall, upon receipt of the notice, have full charge and 
control of all such roads as are herein provided for within their town- 
ship. The trustees shall divide the township into such number of dis- 
:ricts not to exceed eight, as the best interests of the public roads in 
:heir judgment may demand, and shall appoint for each of such dis- 
:ricts a suitable person, not one of their own number, who shall be a 
■esident of the district, and shall be known as road superintendent. 



Sec. 4895c/. [Oath, etc., of road superintendents.] Each person 
>o appointed shall, before entering upon the duties of his office, take an 
>ath to faithfully discharge the duties thereof, and give bond to the 
state of Ohio in a sum satisfactory to the trustees of the township, not 
less than five hundred dollars, with sureties as the trustees shall re- 
[uire, which bond shall be filed with the township clerk. His appoint- 
ment shall be for one year and he may be removed or dismissed at the 
r ill of the trustees or majority thereof at any time. 



LAWS RELATING TO AGRICULTURE. 32. 

Sec. 4895^. [Powers and duties of superintendents.] Whei 
properly qualified the road superintendent shall have full control unde 
the trustees of all such roads within his district, and shall keep then 
in good repair and condition for all kinds of public travel, and for thi: 
purpose he shall have all the powers and privileges of road supervisor: 
for drainage, and for the removal of timber, logs, cordwood or othe 
obstructions found within the limits of the road from time to time 
He may, subject to the will of the trustees, contract for all materia 
necessary for repairs, and in cases of floods or freshets, giving rise t< 
breaks in the road-bed, or washing off large quantities of gravel, h« 
may contract for repairs, either by day or job work, and shall certify 
the same with itemized account to the trustees, who, upon finding 
the accounts correct and satisfactory, shall pay them out of the town 
ship treasury from funds raised for road purposes. The trustees shal 
furnish such superintendent with plows, scrapers, or other implement; 
as are necessary for the proper and economical care of the roads 
The road superintendent shall, at the regular March meeting of th< 
trustees each year, make an itemized report of the receipts and expen 
ditures in his district for road purposes the preceding year ; the num 
ber of persons in his district who are required by law to perform tw< 
days' labor on the public highway, and the number who have per 
formed such labor; the number of miles and the condition for public 
travel of all roads in his district, and the probable wants of such road 
for the ensuing year. The township clerk in his annual statemen 
shall specify the amount of money received and expended for roa< 
purposes in each district of the township. The road superintenden 
shall receive for his services under the preceding sections, not ex 
ceeding two dollars per day as the trustees may determine, for th< 
time actually employed in the care of such roads, which shall be pai( 
out of the road funds of such township. The superintendent shal 
not, either directly or indirectly, work out any of the taxes herein pro 
vided for in this act; nor shall he receive any compensation for th< 
work of any team of which he is the owner, on any such roads, no 
shall he employ any member of his own family in such work by whicl 
he shall himself be financially benefited. And the trustees shall no 
certify any account to the township clerk in favor of any superinten 
dent for work on such roads, other than is herein provided for super 
intending and caring for such roads. 

Sec. 4895/. [Penalty for violation by superintendent.] An] 

such road superintendent who neglects or refuses to perform the dutie 
enjoined on him herein, or who, under any pretense whatever, gives o 
signs any certificate for labor or work performed, or material furnished 
when the labor has not been performed or material furnished befor 
the giving or signing of such certificate, shall forfeit for every sucl 
offense not less than five dollars nor more than fifty dollars, to b< 
recovered by an action before a justice of the peace within the town 
ship where such superintendent resides, and the trustees of the town 
ship shall prosecute all offenses against the provisions of this section 

Sec. 48950-. [Levy of tax.] The township trustees shall pro 
vide means for keeping in repair all such roads within their township 
and in addition to the two days' labor required by law, but which shal 
not be required to be performed during the days of corn-planting anc 



326 LAWS RELATING TO AGRICULTURE. 

wheat-harvesting, which shall be worked under the direction of the 
road superintendent in their respective districts, they shall levy upon 
the taxable property of the township, a sum sufficient for said purpose, 
not to exceed two mills on the dollar in any one year, and the same 
shall be collected as other taxes, and when collected shall be paid 
by the county treasurer to the township treasurer upon the order of 
the county auditor. The trustees, in determining the division of the 
fund, shall be governed, not by the number of miles of road in each 
district, but by the necessities of the roads, the convenience of getting 
material, the quality of the material necessary to make substantial re- 
pairs, and shall make a just and equitable division of the fund between 
the districts. In expending the funds provided in this section, the 
road superintendent shall give preference to those from whom the tax 
is collected, and it shall be the duty of the trustees to see that this pro- 
vision is observed, so far as practicable for the best interests of the 
roads and of the taxpayers. For day work the superintendent shall 
pay such amount as shall be fixed by the trustees, which shall be 
uniform throughout the township. 

Sec. 4895^. [Repair of culverts and bridges.] The superintend- 
ent shall keep in repair all culverts necessary for the travel and con- 
venience of such roads; his authority shall extend to the repairing and 
rebuilding of bridges and culverts in all cases wherein the expenditure 
of money shall not exceed fifty dollars. He shall have power to con- 
tract for the necessary material and labor therefor, and, when ap- 
proved and endorsed by the township trustees, shall certify the same, 
together with an itemized account of the expenses incurred to the 
county auditor, who, upon finding the account proper and correct, 
and in conformity with the provisions of this section shall, upon the 
order of the county commissioners, issue an order on the county 
treasurer for the amount of such certificate, or so much thereof as may 
be allowed by them in favor of the party to whom such certificate was 
issued. But any repairs or rebuilding, the estimated cost of which ex- 
ceeds ten dollars on any one culvert or bridge, shall first be author- 
ized by the township trustees in writing, and the superintendent 
shall accompany his account to the auditor with a copy of the trus- 
tees' authorization. Nothing in this section shall be construed to pre- 
vent the superintendent himself, from doing the work of repairing or 
rebuilding; but repairing and rebuilding culverts and bridges or over- 
seeing the same shall be considered wholly distinct and separate from 
his duty as superintendent of roads, and in no case shall he receive 
any compensation for the duties required in this section except as 
the commissioners may allow. 

Sec. 4895*. [Office of road supervisor abolished, etc.] In the 

counties enumerated in section 4895a, the office of road supervisor is 
abolished, and the trustees in their notice of election for township 
officers, each year shall omit the office of road supervisor in their no- 
tice. The road superintendent, as provided for in section 4895c, is in- 
vested with all the powers and privileges that are conferred by law 
upon supervisors ; and section 4889 of the Revised Statutes, so far as it 
relates to the counties mentioned in section 4895a of this act, is void. 

Sec. 48957. [Issue of certificates of indebtedness, and levy of 
tax.] Townships, that, during* 1890, did not borrow money or issue 



LAWS RELATING TO AGRICULTURE. 327 

certificates of indebtedness as authorized by original section 4895; of 
the act passed April 15, 1890, are hereby authorized to borrow or issue 
certificates of indebtedness for a sum not exceeding $1,000 for purposes 
of road improvement during the year 1891, and in addition to the sum 
already levied, may make a levy sufficient to provide for the payment 
of the sum herein authorized to be borrowed. 

Sec. 4896. [In certain other counties.] In every other county 
the county commissioners are hereby constituted a board of turnpike 
directors, in which the management and control of all such roads 
therein shall be exclusively vested. 

Sec. 4897. [Board of turnpike directors.] The directors, at their 
first meeting, shall divide the county into three districts, as nearly 
equal in number of miles of turnpike, and conveniently located, as may 
be practicable, and each director shall have the personal supervision of 
one of such districts, subject to all rules and regulations that may 
from time to time be agreed upon by the board ; and the directors shall 
hold a meeting as such board at least once in three months, at their 
office at the county seat, and shall be governed in all transactions by 
the rules governing county commissioners. 

Sec. 4898. [Duties of directors of improved roads.] They may 
appoint suitable persons to superintend the work of repairs on the 
several roads, who shall be required to give bond and security to the 
satisfaction of the commissioners for the faithful performance of their 
duties, and take and subscribe an oath also, which shall be endorsed 
on the back of the bond, and the same shall be filed in the auditor's 
office of the county. The auditor of the county shall serve as clerk 
of the board and shall record the proceedings of the board in a book 
to be provided for such purpose by the county commissioners, which 
shall be open for examination to all presons interested, and they shall 
cause notice to be published in at least one newspaper of general cir- 
culation in the county, of such rules as may be adopted for the regula- 
tions of labor and travel on such roads, notice of the regular meetings 
of the board, and on or before the third Monday in the month of Sep- 
tember in each year shall make a detailed statement of receipts and ex- 
penses to the court of common pleas, and the same shall be examined 
and published as provided in section nine hundred and seventeen of the 
Revised Statutes of Ohio. 

Sec. 4899. [May contract for labor and material.] They may 

contract for labor and material, either at public sale or private con- 
tract, as will best subserve the interests of the different roads, and 
shall certify to the county auditor, on or before the first Monday in 
June each year, the amount of money necessary for the purpose of 
keeping such roads, including the bridges and culverts thereon, in 
good repair; and they may, where hills have not been brought to the 
grade, as defined in section four thousand seven hundred and fifty-nine 
Revised Statutes, when the road was originally constructed, and where 
public safety and convenience demands it, cut down the same, regrade 
and regravel, as may be found necessary, the cost of same to be paid 
for in [the] same manner as general repairs; and when in the opinion 
of the board the interests of any of the roads require it, they may en- 



328 LAWS RELATING TO AGRICULTURE. 

ter upon any lands in the county, and take the gravel or other material 
necessary for the repair of the roads, and shall give a certificate to the 
owner of such material so taken, which shall state the value thereof, 
together with the amount of damage to the lands by reason of the re- 
moval of such material ; and the county auditor, upon the presentation 
of such certificate, shall issue an order on the county treasurer for the 
amount so certified, who shall pay the same out of the turnpike fund. 

Sec. 4900. [Appeal from assessment of damages.] If an owner 
be dissatisfied with the value so certified by the board, he may appeal 
to the probate court of the county, subject to all the provisions of the 
statutes relating to the appropriation of material for road purposes, but 
notice of such appeal shall be filed with the probate judge of the 
county within ten days after the delivery of the certificate. 

Sec. 4901. [General levy for repairs.] Upon the issue of such 
certificate to the county auditor he shall levy upon all the taxable 
property of the county such sum, not to exceed three-twentieths of 
one mill for every ten miles of turnpike completed in the county, the 
receipts thereof to constitute a turnpike fund in the county treasury, 
to be paid out only upon the order of the county auditor, issued upon 
the certificate of the board of turnpike directors, properly attested by 
the clerk of the board; but in all counties wherein a levy is made for 
turnpike repair purposes, as provided in this section, the county com- 
missioners shall make no further levy for general road purposes, and 
in such case the township trustees in such counties may make such 
levy for common road purposes in their sei'eral townships as they 
may deem proper, not to exceed in amount the combined levy that 
would have been authorized by county commissioners and township 
trustees in case no levy had been made under the provisions of this 
section. 

Sec. 4902. [When and under whose control road labor to be per- 
formed.] In tOAvnships where such roads are located and placed un- 
der the control of turnpike directors under the supervision of this 
chapter, the township trustees shall, at their annual meeting in March, 
designate and set off such portion of the two days' labor as they may 
deem just and equitable, to be performed under the control of the 
board of directors or their superintendents subject to all the rules 
and regulations of law for its performance under the direction of 
road supervisors. (O. L., v. 97, p. 295.) 

Sec. 4903. [Compensation of directors and others.] The com- 
pensation for services as such director shall be the same in all respects 
as county commissioners, and the services of superintendents and clerk 
of the board shall be subject to the agreement of the board, but not to 
exceed two dollars and fifty cents per day for time actually employed, 
and to be paid out of the turnpike fund. 

Sec. 4904. [Regulation of burdens on improved roads.] It shall 
be unlawful for any person or persons, firm or corporation, in any 
county having free or toll macadamized, graveled or stone roads, to 
transport over such roads, in any vehicle having a tire of less than 
three inches in width, a burden, including weight of vehicle, of more 



LAWS RELATING TO AGRICULTURE. 329 

than thirty-four hundred pounds. The county commissioners of 
every county shall constitute a board of directors for their respective 
counties, with power to prescribe the increased gross weight in quan- 
tity greater than thirty-four hundred pounds that may be carried, 
including weight of vehicles, in vehicles having a width of tire three 
inches or upwards, and cause such regulations to be recorded in their 
journal. All persons violating this act or any regulations duly pre- 
scribed by the aforesaid board of county commissioners made in 
pursuance hereof, shall be guilty of a misdemeanor, and on conviction 
shall be fined not less than five dollars nor more than fifty dollars, and 
shall be imprisoned until the fine and costs of prosecution are paid, 
or said person so convicted duly discharged- according to law. The 
board of trustees or any one of them, or any pike superintendent or 
commissioner within their respective jurisdiction, or any owner or 
president of any turnpike company owning or operating a turnpike 
road within any county, and the county commissioners within their re- 
spective counties, shall cause to be prosecuted all persons violating 
this act or violating any regulations prescribed by the board of county 
commissioners, made in pursuance of the authority herein conferred. 
The county commissioners within their respective counties are hereby 
empowered to appoint some suitable person or persons to enforce the 
requirements of this act and such regulations as are made in pursu- 
ance of the authority herein conferred; and the person or persons so 
appointed shall receive, upon any conviction for an offense by them 
prosecuted under this act, such portion of the fine or penalty as the 
commissioners may deem just and proper; and on complaint of any 
freeholder, and if, in the opinion of the board, owner or president of 
any such turnpike company, the complaint is well founded, the said 
board, owner or president of any such turnpike company may also en- 
join any person or persons who are engaged in the business of trans- 
porting heavy loads over such roads in violation of the requirements 
prescribed under it, and the court in any such action may render 
judgment against the defendant or defendants for any damage done. (O. 
L., v. 97, p. 36.) 

Sec. 4905. [Penalties for violation of rules.] Any person who 
violates, either by himself or agent, any of the rules or regulations 
adopted by the board, and recorded in their book of records, shall, 
upon conviction thereof before any justice of the peace of the county 
or any court having competent jurisdiction, be fined in any sum not 
less than ten dollars for each offense; and all such fines shall be paid 
into the county treasury for the use of the turnpike fund. 

Sec. 4906. [Parts of roads in cities and villages to be repaired.] 

The commissioners shall keep in repair such portions of such roads 
within their respective counties as have since their completion been 
included, or mav hereafter be included, within 'the corporate limits of 
any city or village in such counties, to points therein where the side- 
walks have been curbed and guttered, and no further. 

Sec. 4907. [Certain funds apportioned.] In each county wherein 
the commissioners have been, by virtue of their office, constituted a 
board of directors for keeping in repair the turnpike roads therein, 
and who are not now by law such board, and who will not by the ' 
passage of this chapter be made such board, and wherein there is an 



330 LAWS RELATING TO AGRICULTURE. 

accumulated fund in the hands of the treasurer thereof for the pur- 
pose of keeping in repair such roads, the commissioners shall appor- 
tion such fund to the different townships within their county, accord- 
ing to the number of miles of turnpike roads therein contained; and 
they shall direct the county auditor to draw warrants on the county 
treasurer, payable to the treasurers of the respective townships, for 
the amount so apportioned, to be used in keeping in repair the turn- 
pikes therein contained, in accordance with law, and for no other 
purpose. 

MISCELLANEOUS PROVISIONS* 

Sec. 4908. [How certain roads may be vacated.] When a road 
has been dedicated by private persons to public use, a majority in 
interest of the proprietors of lands adjoining the road may, after hav- 
ing given thirty days' notice by advertisement in one or more news- 
papers published in the county in which the road is located, and hav- 
ing given notice in the township or townships where the road is lo- 
cated, by having posted up copies of such notice in three or more 
public places therein, at least thirty days previous, petition the 
commissioners of the county for the vacation of the road or any part 
thereof; and if the commissioners are satisfied that the notice has 
been given, and that no injustice will be done thereby, they shall 
declare the same vacated; but all costs and expenses accruing upon 
any petition under this section shall be paid by the petitioners. 

Sec. 4908&. [Land may be dedicated for use as public highways.] 

That any person or persons may dedicate any tract or strips of ground 
to the public use as a highway, either by plat or deed of gift to the 
county or township, filed with the commissioners or trustees, and 
by them recorded as road surveys and other plats ; and the county 
commissioners, or in a proper case the township trustees, may, if they 
deem such road of sufficient public utility, accept the same, by entry 
to that effect on their record, and recording as aforesaid. Upon such 
acceptance, said tract or strip shall become and be a legally estab- 
lished highway. 

Sec. 4909. [Sidewalks along roads authorized.] Any person or 
board of education, the council of any village, the trustees of any 
cemetery association, or any agricultural or religious society may 
appropriate on any public road of sufficient width on either side 
thereof, sufficient land to construct thereon a public sidewalk not ex- 
ceeding six feet in width, and may construct such sidewalk thereon ; 
but such sidewalks shall not obstruct any private entrance or public 
highway. 

Sec. 4909-1. [Sidewalks along highways.] It shall be lawful 
for any land-owner owning land abutting upon any highway, not 
within a municipal corporation, to improve) the same as follows : 
When approved by the township trustees, he may build an[d] im- 
prove a sidewalk of such width as the trustees shall determine, not ex- 
ceeding six feet, and at his own expense, and when completed and 
approved by the trustees, any person who maliciously injures the 
same, shall be liable to the owner thereof in double the amount of 



LAWS RELATING TO AGRICULTURE. 331 

damages that may be assessed against him, before any court of com- 
petent jurisdiction. 

Sec. 4910. [Township trustees may borrow money for cer- 
tain purposes; when question of issue shall be submitted to vote.] 

The trustees of any township in which there is now or may hereafter 
be located any cemetery, when it becomes necessary to make or re- 
pair roads, or build or improve sidewalks, from any public road, or 
from any town or village to such cemetery, may borrow money and 
issue bonds not exceeding fifteen hundred dollars, and at a rate of 
interest not exceeding six per cent, per annum, for the purpose of 
making, repairing or building such roads or walks from such public 
highway, or town or village, to such cemetery. Provided, further, 
upon petition of a majority of the owners of real estate abutting on 
said road or sidewalk, the trustees shall submit the question' of bor- 
rowing money and issuing bonds for the purpose of making, repairing 
or building such roads or walks to the cemetery to a vote of the quali- 
fied electors of said township, at any special or general election, of 
which at least ten days' notice shall be given. If a majority of the 
voters of said township vote in favor of issuing said bonds, then the 
trustees of said township shall issue said bonds as provided for in this 
section. 

Sec. 491 1. [May levy tax to pay same.] If the trustees of any 
such township borrow money and issue bonds, as provided in the 
preceding section, they shall levy a tax from year to year on all the 
taxable property of the township, not exceeding one-fourth of a mill 
on the dollar in any year, and the amount so raised shall not be 
applied to any other purpose than that which is specified in said sec- 
tion ; but if there be a surplus after paying the sum borrowed, it shall 
be appropriated to the current expenses of the township. 

Sec. 4912. [When commissioners may transport material by rail.] 

When county commissioners, in contracting for the construction of 
turnpike roads, un Jer any law, find it necessary, by reason of the 
inconvenient location of gravel or stone for the construction or repair 
of such roads, to have the gravel or stone transported to convenient 
points by rail, they may make such contract for transportation, at 
public sale, as will best subserve the public interest ; the cost of such 
material, and the transportation of the same, shall be paid from the 
county treasury, by order of the commissioners, from any funds ap- 
plicable to the construction of such roads, and the same shall be taken 
into the estimate of any contract price, at the time of the sale of such 
roads ; and contracts heretofore entered into for the purpose above 
named, and remaining uncompleted, shall be held to fall within the 
provisions of this section. 

Sec. 4913. [County commissioners may appropriate certain 
roads.] The county commissioners of any county through which 
any turnpike or plankroad, or part of the same passes, are authorized 
to appropriate as county roads any part of such roads that may re- 
main unfinished for five years ; and they may proceed at any time after 
any such road has become a county road, under the provisions of this 
section, to improve the same under the provisions of any law, and 



332 LAWS RELATING TO AGRICULTURE. 

shall have the benefit of all work done on such road or parts thereof, 
by any company or corporation, without any compensation for the 
same; but this section shall not be construed to authorize the appro* 
priation of any part of such road already finished. , 

Sec. 4914. [What roads may be declared abandoned, and when.] 

Any turnpike or plankroad in the state upon which toll has been or 
may be authorized to be taken, which has been or may hereafter be 
out of repair for the period of six months, shall be deemed and held 
abandoned; and upon such abandonment being declared, as herein- 
after provided, it shall be unlawful for any company or person owning 
or claiming to own such road, or any person owning or claiming to 
own the right to take tolls thereon, or any person in behalf of such 
company or person, to take, demand, or receive toll for the use of 
such road, or so much thereof as may be so declared abandoned. 

Sec. 4915. [Petition to have same declared abandoned.] Any 

twelve or more freeholders of a county in or through which any toll, 
turnpike, or plankroad, or any part thereof, has been or may hereafter 
be constructed, may present to the probate court of any county in 
which such road or part thereof is situate, their petition, stating that 
such road or part thereof has not been kept in repair for the preced- 
ing six months, and praying that the same may be declared abandoned 
and vacated as a toll road; to which petition the company or persons 
owning or claiming to own such road, and all persons owning or 
claiming to own the right to take toll thereon, shall be made defend- 
ants. 

Sec. 4916. [Notice, and hearing on petition.] On the filing of 
such petition the court shall fix a time for the hearing thereof, not 
less than thirty days nor more than forty days thereaiter, and issue a 
notice in writing to the defendants, stating the filing of such petition, 
and the day fixed for hearing thereof, and requiring the defendants 
to appear and answer, which notice shall be served in the same way 
as a summons in civil cases ; and on the hearing of such petition, if the 
court find that the road or part thereof has been out of repair as afore- 
said, the court shall declare the same abandoned and vacated as a 
toll road. 

Sec. 4917. [Publication against non-residents.] If any one of 

the defendants is a non-resident of the state, and this fact is made to 
appear by affidavit on the filing of the petition, the court shall order 
notice to be given by the petitioners to such non-resident, by publi- 
cation for three consecutive weeks, in some newspaper printed and of 
general circulation in the county, stating the time when such petition 
will be for hearing, and the object and prayer thereof, which publi- 
cation shall be deemed sufficient service. 

Sec. 4918. [Abandoned toll road to become free road.] When 
a toll road, or part thereof, has been heretofore or shall be hereafter 
declared abandoned and vacated as aforesaid, it shall thereafter become' 
a free road, to be kept in repair as provided in chapter ten, 



LAWS RELATING TO AGRICULTURE. 333 

Sec. 4919. [Tax to repair damaged highways.] When any one 
or more of the principal highways of any county, or any part thereof, 
have been destroyed or damaged by freshet, land-slide, wear or water- 
courses [,] or any other casualty, or by reason of the large amount of 
traffic thereon, or from neglect or inattention to the repair thereof have 
become unfit for travel or cause difficulty, danger or delay to teams 
passing thereon, and the commissioners of such county are satisfied 
that the ordinary levies authorized by law for such purposes will be in- 
adequate to provide money necessary to repair such damages, or to re- 
move obstructions from, or to make the changes or repairs in such road 
or roads as are rendered necessary from the causes herein enumerated, 
said commissioners' may annually thereafter levy a tax at their June 
session of any sum not exceeding five mills upon the dollar upon all 
taxable property of the county, to be expended under their direction in 
such manner as may seem to them most advantageous to the interest 
of the county for the construction, re- construction or repair of such 
road or roads or any part thereof. Provided, that this section shall 
not be so construed as to authorize the commissioners to refuse to 
make a levy for a road fund under the provisions of section 2824 of the 
Revised Statutes ; and provided further, that in any county, when the 
valuation of the taxable property shall not exceed ten millions of dol- 
lars, if the commissioners shall fail in any year to make a levy of at 
least one mill upon each dollar of taxable property within that county, 
to be used and expended as a road fund as authorized by law under 
said section 2824, one-half of all taxes charged for road purpose un- 
der the provisions of this section (4919) for said year on the property 
within the limits of any municipal corporation in said county, and 
collected by the county treasurer, shall be paid over to the corporation 
treasurer, to be specially appropriated by the council thereof to street 
and road purposes as is provided by law. 

Sec. 4919a. [Provisions of preceding section inapplicable to Van 
Wert, Defiance and Paulding counties.] The provisions of section 
forty-nine hundred and nineteen (4919) of the Revised Statutes of Ohio 
shall not apply to any county of this state, which at the last federal 
census had or which at any subsequent federal census may have a pop- 
ulation of not less than twenty-nine thousand and fifty (29,050) and 
not exceeding twenty-nine thousand and eight hundred (29,800), nor 
in any county which at such last federal census had or which at any 
subsequent census may have a population of not less than twenty-five 
thousand seven hundred (25,700) nor more than twenty-six thousand 
(26,000), and the property included within the limits of any such 
county shall not be subject to such levy as is provided for in said sec- 
tion 4919. 

Sec. 4920. [Such tax may be anticipated; contract to improve 
parts of road; certificate of amount of compensation due; rights of 
holder of certificate.] To anticipate the receipts which may come 
into the county treasury by virtue of such tax, the commissioners may 
borrow from time to time, such sums of money as shall not exceed in 
the aggregate four-fifths of the tax levied ; but the money so borrowed 
in any one year shall not exceed four-fifths of the taxes levied in such 
year, and shall be paid with lawful interest, at the county treasury, 
out of the taxes so levied. In addition to the power to borrow money, 



334 LAWS RELATING TO AGRICULTURE. 

as herein granted, said commissioners are authorized, upon the writ- 
ten petition of one or more persons interested, describing the road or 
part thereof proposed to be improved, to contract in writing with any 
person or persons living upon or near, or owning land, abutting upon 
anv such road within the county, to improve such part of such road as 
may be described in said petition, within such time and in such man- 
ner, and for such compensation, payable as hereinafter provided, and 
not otherwise, as said commissioners may direct; and as soon as 
such road or part thereof is fully improved and completed, to the satis- 
faction of said commissioners, they shall give to the person, his ad- 
ministrator or executor, with whom they have contracted to repair the 
same, a certificate, specifying the amount of compensation due for" 
work performed under said contract, stating when authority was 
given for the improvement of such road, and when the same was 
completed and accepted by the commissioners. In case of any dispute, 
between the person or persons making such improvement and the 
commissioners, the judgment of the commissioners therein shall be 
final. The holder of such certificate shall be entitled to have the 
amount of compensation therein specified credited on any road tax 
levied on the property of such person situate within the township 
within which such road or part of road may have been improved, as 
aforesaid. If such road tax levied in any one year on such property 
is not sufficient to cover the amount named in the certificate, the 
same shall, in like manner, be so credited from year to year, until the 
certificate is fully paid without interest ; and until such certificate shall 
be paid in full, the county auditor shall issue, each year on demand, 
to the holder of such certificate, a warrant, addressed to the treasurer 
of the county, specifying the amount of road tax which is chargeable 
against the property of the holder Of such certificate, in such year, in 
said township, and directing the treasurer to receive the same as cash 
in payment of such road tax. And the holder of such certificate may 
transfer the same [and] any balance due thereon to any subsequent 
purchaser of the property owned by him in such township, when 
such certificate was issued; and whenever any road or part of road 
shall have been improved in pursuance of contract made with the 
county commissioners, as provided in this section, it shall be lawful 
for the county commissioners or the trustees of the township in which 
such road or part of road improved as aforesaid, shall be situated, to 
enter into an agreement with any responsible person or persons for 
the repair of such improved road or part of road from year to year, and 
upon such terms as may be agreed upon, and the amount so agreed to 
be paid for the repair of such road or part of road, shall be paid out 
of the county road fund in case said agreement shall have been made 
with the county commissioners, or out of the township road fund in 
case said agreement shall have been made with the township trustees. 

Sec. 4921. [How surplus of tax to be disposed of.] All money 
assessed and collected under the provisions of section forty-nine hundred 
and nineteen, which remains in the hands of the county treasurer, un- 
expended and unappropriated, for a period of six months after the 
annual September settlement for [the] fiscal year during which the 
tax was collected, shall be paid to the treasurer of the township or 
municipal corporation from which the same was collected, and shall 
be expended on the public roads, under the direction of the trustees 



Laws relating to agriculture. 335 

of the proper township or municipal corporation, in such manner as 
may seem to them most advantageous to the interest of the township 
or corporation, for the construction, reconstruction, or repair of roads, 
and in building or repairing bridges. 

Sec. 4922. [When commissioners may build embankments.] 
When any of the principal public roads in any county, except turn- 
pike roads, over which tolls are collected, are subject to overflow or 
inundation, so as to render the same at any time unfit for public 
travel, or hinder free and necessary transportation, the commissioners 
of such county may repair or reconstruct such roads by changing the 
beds of small streams to avoid crossing, or to change roads to avoid 
bridges, where the public travel would be better accommodated, or by 
building embankments or levee sufficiently elevated above all such 
overflows or inundation ; and the expenses of such embankment, 
changes, or levee shall be paid out of the money in the county treasury, 
or that may be hereafter raised by taxation, for road or bridge pur- 
poses. 

Sec. 4923. [When the road belongs to adjoining counties.] 

When any such road has been constructed by adjoining counties, the 
commissioners of such counties, conjointly, may repair or reconstruct 
such road above an elevation of such overflow or inundation, and the 
expense of the same shall be paid from any money which may be in 
or shall hereafter come into the treasury of such counties for road or 
bridge purposes, in proportion to the aggregate amount of the tax 
duplicate of their respective counties. 

Sec. 4924. [When commissioners may establish a ferry.] When 
any county bridge has been destroyed by fire, flood or any other case 
[cause], the county commissioners may establish or cause to be es- 
tablished, a free ferry in lieu of such bridge. They may also establish 
or cause to be established a free ferry over any of the interior streams 
of the state of Ohio where it is not expedient to build a bridge. But 
the cost. of maintaining such free ferry shall not in any case exceed 
the interest on the probable cost of constructing a bridge across the 
stream. 

Sec. 4925. [When commissioners authorized to levy additional 
road tax.] When two-thirds of the resident freehold taxpayers living 
on the line of any state road, county road, township road, or turnpike 
road, file a petition with the county commissioners asking for an extra 
tax for the purpose of constructing, improving or repairing such road, 
said commissioners shall levy such tax as in their judgment may be 
required, not to exceed six mills on the dollar valuation in any one 
year, on all the lands and taxable property for a distance on each 
side of such road not exceeding one mile, and in no case more than 
one-half the distance from such road to any other state, county, town- 
ship or free turnpike road running parallel or nearly parallel thereto. 
Provided that upon the filing of such petition the commissioners shall 
give notice of the time of hearing of such petition by publication for 
ten days in a newspaper of general circulation in the county and 
shall provide for the payment of costs as in other road cases. If upon 
the hearing the commissioners shall grant the prayer of the petition 



336 LAWS RELATING TO AGRICULTURE. 

they shall appoint two freehold taxpayers of the road district who to- 
gether with the road supervisor of the district in which the improve- 
ment is sought to be made shall constitute a road commission for the 
purpose of the improvement as prayed for and shall have the same 
powers and duties as road commissioners in other cases. (O. L., v. 97, 
p. 482.) 

Sec. 4926. [How long such tax to continue.] When any such 
tax is levied it shall continue for the term of three years and no longer, 
unless at the expiration of three years the petition or request be re- 
newed ; and in that event such tax may be levied for the term of three 
years longer. 

Sec. 4927. [When such tax may be levied in a township.] The 

auditor of any county shall levy such tax on the lands and property 
on the line of any such road, in any township, when petitioned for by 
three-fourths of the resident freehold taxpayers on such road, in such 
township only. 

Sec. 4928. [Such tax may be paid in labor.] If in the judgment 
of the commissioners herein provided for, the improvement of such 
road may be done in whole or in part by the labor of the taxpayers 
within such road improvement district, the assessment of any tax- 
payer or any part thereof may be worked out on such road improve- 
ment. (O. L., v. 97, p. 483.) 

Sec. 4929. [Supervisors to give receipts.] If such taxes be dis- 
charged by labor the supervisors shall receipt, therefor, as in other 
cases for like services, and their receipts shall be received by the 
county treasurer in discharge of such tax. 

Sec. 4929-1. [Abatement of tax of him who constructs watering 
trough.] The township trustees of the several townships in this state, 
shall annually abate three dollars from the highway tax of any inhabi- 
tant of a road district, who shall construct on his own land, and keep 
in repair, a watering trough beside the public highway, well supplied 
with fresh water, the surface of which shall be two or more feet above 
the level of the ground, and easily accessible for horses with vehicles, but 
the said trustees respectively may designate the number necessary for 
the public convenience in each road district, and no other than those 
designated shall be allowed this abatement of tax. 

Sec. 4930. [Disbursement of tax when paid in money.] All 

taxes arising under the provisions of sections four thousand nine hundred 
and twenty-five, four thousand nine hundred and twenty-six and four 
thousand nine hundred and twenty-seven and not discharged by labor, 
shall be collected as other taxes by the treasurer of the county, and by 
him paid to the treasurers of the townships in which such roads are 
situate, and be disbursed by the trustees of such townships upon the 
roads for which the same were levied; but if any road, for the benefit 
of which any tax is so levied is on a township line, the county treas- 
urer shall pay to each of the township treasurers the portion of the 
taxes collected belonging to his township. 



LAWS RELATING TO AGRICULTURE. 337 

Sec. 4931. [National road in charge of county commissioners.] 

Commissioners of counties through which any part of the national road 
passes shall take under their care and control in behalf of their respec- 
tive counties, so much of said road as lies within the limits of their 
counties respectively. Except such parts thereof as are or may be 
by law under control of cities or villages ; said roads shall be kept in 
such repair by each county so taking possession thereof as is con- 
templated by the acts of congress ceding to the state the jurisdiction 
and control of such portion of said national road as lies within the 
limits of this state ; and such commissioners shall be governed in all 
respects by the laws in force relating to said roads, except as herein- 
after provided ; but they shall not assess or levy any tax for the repair 
or preservation of said road, except as provided in the general statutes 
for the repair and preservation of county and state roads; provided 
that the county commissioners of any county through any part of 
which the said national road passes shall have authority to order the 
township trustees of any township through which any part of said 
road passes to take under their care and control so much of said road 
'as lies within the limits of their respective townships ; and such trus- 
tees shall be governed in all respects by the laws in force relating to 
the roads under their control. (O. L., v. 98, p. 156.) 

Sec. 4932. [Their powers and duties in relation thereto.] The 

commissioners may cause gates and toll-houses to be erected on said 
road within their respective counties, at such places as they shall 
designate, for the collection of tolls, appoint the necessary collectors 
of tolls, and remove them at pleasure, and pay them reasonable com- 
pensation for their services ; the collectors shall pay into the treas- 
uries of their respective counties, at the end of each month, all money 
collected and remaining in their hands after deducting the compensa- 
tion allowed for their services, and the commissioners shall apply 
such money to the keeping in repair of said road within their respec- 
tive counties ; and in the collection of tolls the collectors shall be 
governed in all respects by the laws in force relating to the collection 
of tolls; but no toll shall be charged or collected for travel on the part 
of said road situate in Madison county, or on the part lying between 
the city of Columbus and the Columbus asylum for the insane; and 
all persons shall be permitted to travel on said parts of said road free 
of toll. 

Sec. 4933. [May collect toll between toll-gates.] The commis- 
sioners, if they deem it for the best interest of the road may require 
the collection of toll from persons who may travel with horses and all 
kinds of carriages and wagons between toll-gates, or between the 
county line and the nearest gate thereto, at the same rate per mile as 
may be charged for like travel on said road to persons traveling or 
hauling through the toll-gates thereof, and may make such rules and 
regulations with regard to the collection of such intermediate tolls as 
they may deem just and proper. 

Sec. 4934. [Special provision for Madison county.] When the 
consent of the congress of the United States shall have been obtained 
thereto, the commissioners of any county through which said road 
passes may, if they deem it for the best interest of the road, or the 

22-P. H. B. 



338 LAWS RELATING TO AGRICULTURE. 

people whom the road accommodates, submit to the leagl voters of 
• the county, at any regular or special election, the question, "Shall 
the National Road be a free turnpike road;" and when the question 
is submitted, if a majority of all those voting thereon vote "Yes," 
the commissioners shall sell the gates, toll-houses, and any other 
property belonging to the road, to the highest bidder, apply the pro- 
ceeds of the sale to the repair of the road, and declare so much of the 
road as lies within their county a free turnpike road, to be kept in 
repair in the way and manner provided by law for the repair of free 
turnpikes. 

Sec. 4935. [Unfinished portions of National road.] The com- 
missioners of such counties in which said road has never been com- 
pleted, and in which no toll-gates are erected, or toll collected, may 
proceed in accordance with the provisions of chapter seven to make 
and declare such unfinished parts of the road a free turnpike or 
county road. 

Sec. 49350. [Road records, how restored; publication and no- 
tice of; costs of; how paid.] Whenever an application shall be filed 
in the court of common pleas of any county by the commissioners 
thereof, showing that the records of any specified road or roads of said 
county were lost or destroyed by fire, riot or civil commotion, and 
that copies thereof or of some of them are in existence, and praying 
that the verity of such copies as may be produced shall be ascertained 
and declared by the court, said court shall require notice to be given 
by publication for six weeks, upon such days, not less than once a 
week, and in such newspapers as said court shall direct, of the filing 
and prayer of said application, and that the same will stand for hearing 
upon some day fixed by the court, and requiring all persons interested 
to appear on said day and show cause, if any they have, why said ap- 
plication should not be granted, and shall also cause a copy of said pub- 
lication to be served at each house which is occupied on the premises 
abutting on said road or roads, upon any person dwelling therein, and 
upon the owner of each lot or tract of land abutting on said road or 
roads, or his agent, if the same be found in said county, at least one 
week before the day fixed for such hearing. Upon the day fixed for 
said hearing, and upon such days thereafter as said court by entry on 
its journal may direct, said court shall proceed to hear and determine 
whether the papers produced before it or any of them, are accurate or 
substantial copies of said records fairly and honestly made, in con- 
sidering which it shall hear any evidence which in its judgment throws 
light upon the question without regard to the ordinary rules of evi- 
dence ; and if, and as often as, said court shall find any of said papers 
to be accurate or substantial copies of such records, it shall so enter 
upon its journal and direct transcripts of such copies to be made by 
such persons as it may select. As often as any of said transcripts shall 
be completed to the satisfaction of the court, an entry of that fact shall 
be made upon its journal and thereupon the clerk shall certify upon 
such transcripts that they have been approved by the court, and shall 
deliver them to the commissioners of said county, and thereafter said 
transcripts so certified shall prima facie have the same force and effect 
as the originals from which said copies were made. The costs of 
making said transcripts shall be fixed and allowed by the court, other 



LAWS RELATING TO AGRICULTURE. 339 

costs under this and the following sections shall be the same as now 
fixed by law for similar services, and all costs for restoring such lost 
road records shall be paid by the county, except as hereinafter pro- 
vided. 

Sec. 4935b. [Proceeding when copies of records, etc., are in ex- 
istence.] Upon its appearing to the court at any time after the filing 
of said application and before the final determination thereof that any 
person has in his possession or under his control papers purporting 
to be copies of said record, or the originals from which the same were 
made and refuses to produce the same to the court, the said court shall 
issue a rule requiring such person to show cause why he does not 
produce such papers and enforce the same by proceedings for con- 
tempt as in other cases, and in case the production of such papers is 
ordered by the court, the party ordered to produce the same shall 
pay all the costs under this section. 

Sec. 4935c [County roads.] As to all county roads whose rec- 
ords have been lost or destroyed as aforesaid, and are not reproduced 
under the foregoing sections, prima facie the center of the road as now 
fenced shall be taken as the true center, and prima facie the width of 
the said road shall be sixty feet. 

Sec. 4935-1. [Conditions upon which mine and quarry operators 
permitted to undermine or cross public roads.] An act entitled "An 
act to permit mine, quarry operators to cross roads," passed February 
17, 1893, be amended so as to read as follows: That any individual, 
partnership or corporation in Ohio, who may now or hereafter own 
any land or any interest either in fee or otherwise, containing any coal, 
clay or stone, and over any portion of which shall pass any state, 
county or township road or public highway, with the consent of the 
board of county commissioners in case of state or county roads or 
township trustees in case of township roads, shall have and are hereby 
authorized to excavate, mine, quarry through or under any such 
road; provided, however, that before said work shall be commenced, 
said individual, partnership or corporation shall execute and deliver to 
the board of county commissioners of any such county, a bond with 
good and sufficient surety, in such an amount as shall be by said board 
considered sufficient to cover all damages that may accrue by reason 
of excavating, mining or quarrying through or under any such road, 
the same to be approved by said board ; conditioned, that while cross- 
ing over or mining or quarrying under any such road, a safe and un- 
obstructed passageway or road shall be kept open by such individual, 
partnership or corporation for public use, and as soon as practicable 
the said road shall be fully restored to its original safe and passable 
condition. 

(4935-2.) [Owner of land abutting on public road may lay pipe- 
line for water, etc., within line of road.] It shall be lawful for any 
land owner owning land abutting upon any public road, not within a 
municipal corporation, when approved by the county commissioners, if 
upon a state or county road, and when approved by the township trus- 
tees if upon a township road, to lay a pipe line within the line of the 
road for the purpose of conveying water for public and other purposes ; 
providing that the laying of such pipe-line shall in no way interfere 
with public travel or damage such road, and under such regulations 
as the commissioners or trustees may prescribe. 



340 LAWS RELATING TO AGRICULTURE. 

RAILROADS* 

Sec. 323 1- 1. [Lien upon railroad, etc., for labor or material .tar- 
nished.] Any person who shall have performed common or mecMn- 
ical labor upon, or furnished supplies to any railroad, street railroad, 
or railroad operated wholly or in part by electric motor power, turn- 
pike, plank road, canal or on any public structure being erected, 
or on any abutment, pier, culvert or foundation for same, or for any 
side track, embankment, excavation, or any public work, protection, 
ballasting, delivering or placing ties, or track-laying, whether the 
labor is performed for or the supplies or material is furnished to any 
company, corporation, contractor, or sub-contractor, construction com- 
pany, or any individual, shall have a first immediate and absolute lien 
on the whole of the property on which said work is done, and to which 
said supplies have been contributed, and on any fund arising from 
the sale thereof or any part thereof under an order of any court, and 
shall hold the railroad, street railroad or railroad operated wholly or 
in part by electric motor power, canal, turnpike, plank road^ or struc- 
ture, to the creation or construction of which the said labor or sup- 
plies has been contributed, or so much thereof as may have been 
in whole or in part created by said labor or supplies, to the exclusion 
of any such railroads, canal, turnpike, plank road, public work or 
structure, as to operation, occupation or use, until the claim for such 
labor or supplies is properly adjusted and paid in full. This act shall 
apply to all work now being constructed, or material now being 
furnished, and to all work hereafter constructed and material here- 
after furnished. 

Sec. 3231-2. [How lien obtained.] When it shall be deemed 
necessary for any construction company, contractor, sub-contractor, 
mechanic, laborer, or person contributing supplies or material to secure 
their claim against any railroad, canal, turnpike, plank road, public 
work or public structure, either for work done or material furnished, 
they shall file a sworn itemized statement, within thirty days after said 
work was performed or materials furnished, of the amount of work 
done or material furnished, showing the balance due and claimed for 
labor or material furnished, with the recorder of the county or counties 
within which said work was done or materials furnished. And if sev- 
eral liens be obtained by several persons on the same job, in the manner 
prescribed .by this act, they shall have no priority among themselves, 
but payments thereon shall be made pro rata. 

Sec. 3231-3. [Bond; when injunction may issue..] Any con- 
struction company, contractor, mechanic, laborer or person contrib- 
uting supplies or material to any work named in section one (1) of this 
act, shall at the time of filing the sworn statement of account as pro- 
vided in section two (2) of this act, file a good and sufficient bond of 
indemnity for an amount equal to the amount claimed, which bond 
shall be approved by the probate judge, and shall be so conditioned as 
to save and protect the defendant in any case arising under this act, 
and shall then be entitled to a decree of the common pleas court, en- 
joining and prohibiting the operation, use or occupancy of the prop- 
erty created in whole or in part by the party or parties asking for said 



Laws relating to agriculture. 341 

injunction ; and the said injunction shall not be dissolved until the 
court is satisfied that the claim has been adjusted and paid in full. 

Sec. 3231-4. [Engineer to make measurements, estimates, etc.] 
Any civil engineer who shall be employed as chief or assistant engineer 
in the surveying, platting or cross-sectioning of any railroad, canal, 
turnpike, plank road or other public road, shall, before the work is com- 
menced, make an accurate measurement of the same, and shall prepare 
a profile of each section of one mile or less of said work, showing quan- 
tities of each and every class of work to be done on said mile or less ; 
and shall also designate the nearest benchmark or point from which 
measurements are made, and shall drive stakes at top of slope, at foot 
of embankments, at sides and center of grade and around every burrow 
pit for each one hundred feet, showing in plain figures by feet and 
tenths of a foot the depths of cut or height of fill or embankment, to- 
gether with a correct showing of the quantity of overhaul beyond a 
given number of feet, in cubic yards, for each section of a mile or less ; 
and it shall be the duty of such chief or assistant engineer to furnish, 
on demand, when any work is finished, to any company, contractor, 
sub-contractor or person a final statement of quantities in each class 
of work done or supplies or material furnished by parties interested. 

Sec. 3231-5. [Penalty.] Any civil engineer or assistant engineer, 
whose duty it is to ascertain quantities from actual measurement, and 
on which final estimates are to be made, who shall knowingly give 
other than the true quantities, with intent to defraud the construction 
company, contractor, sub-contractor, laborer or person furnishing sup- 
plies or material, shall, if the amount of the discrepancy exceed at the 
contract price, thirty-five dollars, be deemed guilty of a felony, and 
shall be punished by a fine of not less than the amount at contract 
price of all work done or material furnished and not included in his 
final estimate, or be confined in the penitentiary for not less than one or 
more than five years. 

Sec. 3321. [Land covered by right of way not to be taxed to 
owners.] Each company owning and occupying any right of way or 
easement in lands, either by agreement with the owners, or by virtue 
of any appropriation proceeding, shall present to the auditor of the 
county in which such land is situate a statement of the quantity of land 
embraced within such right of way or easement, and such quantity 
shall be deducted by the auditor from the land on the tax duplicate, 
so that the owners thereof shall not be required to pay taxes thereon ; 
a company hereafter becoming the owner and occupant of any such 
right of way or easement shall, within six months thereafter, present 
such statement to the auditor; and upon the failure of the company 
to make such statement, the owner of the land may make the same. 

Sec. 332 1- 1. [Posting of time of arrival of trains.] Every com- 
pany or person operating a railroad within this state, shall immediately 
after the taking effect of this act, cause to be placed in a conspicuous, 
place in each passenger depot of such company, located at any station 
in this state at which there is a telegraph office, a blackboard, at least 
four feet in length and two feet in width, upon which board such 
company or person shall cause to be written, at least ten minutes be- 



342 LAWS RELATING TO AGRICULTURE. 

fore schedule time for the arrival of each passenger train stopping reg- 
ularly upon such road at such station, the fact whether such train is 
on schedule time or not, and if late, how much. 

Sec. 3321-2. [Penalty.] That for each violation of the provisions 
of this act, such company or person so neglecting or refusing to com- 
ply with the provisions of this act, shall forfeit and pay the sum of ten 
dollars [$10.00] to be recovered in a civil action in the name of the 
state of Ohio, one-half of which shall go to the party commencing 
proceedings, and the remainder shall be paid over to the treasurer of 
the township, village or city in which such proceedings are had. 

Sec. 3322. [When release of right of way papers to be recorded.] 

When the grant of such right of way or easement is not in the form 
of a lawfully executed deed or lease, the recorder of the county where 
the land is situate shall, upon the request of the company owning such 
right of way or easement, record such grant in the record book of 
leases, and index the same; and such record, or a copy thereof duly 
certified by the recorder, shall be received in evidence in all courts and 
places, in the same manner and to the same effect as the original; 
but the correctness of such record or copy may be impeached by any 
interested party, by competent proof; and the recorder shall be en- 
titled to the usual fee for recording such grants, and certifying copies 
thereof. 

Sec. 3323. [Must erect sign-boards at road crossings.] Each 
company shall erect, at all points where its road crosses a public road, 
at a sufficient elevation from such public road to admit of the free 
passage of vehicles of every kind, a sign, with large and distinct let- 
ters placed thereon, to give notice of the proximity of the railroad, 
and warn persons to be on the lookout for the locomotive ; and a com- 
pany which neglects or refuses to comply with this provision shall be 
liable in damages for all injuries which occur to persons or property 
from such neglect or refusal. 

Sec. 3324. [Railroad companies must construct and maintain 
fences, crossings and cattle-guards; when owner may construct at 
expense of railroad.] A company or person having control or man- 
agement of a railroad shall construct, or cause to be constructed, and 
maintain in good repair on each side of such road, along the line of 
the lands of the company owning or operating the same, a fence suf- 
ficient to turn stock ; and when such fence is constructed out of barbed 
wire, or separate lateral strands not connected by interwoven wire, or 
cross perpendicular wire not more than fifteen inches apart, there 
shall be securely fastened to the posts, at the top of the same, at 
right angles thereto, at least one board, not less than one and one- 
eighth inches thick and five inches wide, and extending the entire 
length thereof ; and before operating such road shall cause to be main- 
tained at every point where any public road, street, lane or highway 
used by the public, crosses such railroad, safe and sufficient crossings, 
and on each side of such crossings cattle-guards sufficient to prevent 
domestic animals from going, upon such railroad ; and such company 
or person shall be liable for all damages sustained in person or prop- 
erty in any manner by reason of the want or insufficiency of any such 



LAWS RELATING TO AGRICULTURE. 343 

fence, crossing or cattle-guard, or any neglect or carelessness in the 
construction thereof, or in keeping the same in repair. That provided, 
where any road now in process of construction, or any proposed road, 
passes through any inclosed land, that the company or person having 
control of any such road shall, during the construction of the same, 
provide suitable crossings for the owner or occupant of each farm, 
and make and keep in repair fences along the line of such road through 
such inclosed fields, and protect any crops growing thereon ; and fur- 
ther provided, that where the company or person agrees, with the 
owner of the lands through which any railroad passes, that said owner 
shall build and keep in repair any portion of the fencing, and should 
said fencing be destroyed or damaged by fire from passing trains, said 
company or person owning or operating such road shall rebuild or re- 
pair said fence, provided the property holder should demand it; and 
provided, that if any railroad company shall fail or refuse to con- 
struct any fence in the manner hereinbefore provided, within six 
months after the passage of this act, and after having received written 
notice so to do from the owner or occupant of any lands through 
which the road may pass, [that] then said owner or occupant may, 
after thirty days from the time of serving such notice upon the agent 
of such company nearest said lands, proceed to construct the same 
and the company shall be liable to such person for the cost thereof. 
This act shall apply to all fences now built, as well as those hereafter 
constructed. 

Sec. 3325. [When land-owners may construct fence at company's 
expense.] If such company or person neglect or refuse to construct 
such fence, as provided in the preceding section, the owner of any land 
abutting on the line of the land of the railroad may construct the 
fence therein provided for, so far as his land abuts on the railroad 
lands ; and when he has completed the same, h'e may present for pay- 
ment, to the agent of the company for receiving and shipping freight 
at the station nearest to the tract of land so fenced, an itemized ac- 
count of the expense thereof, including materials and labor ; and if such 
company or person neglect or refuse, for thirty days, to pay such 
account, such land-owner may recover the reasonable cost of such 
fence from the owner of the road, in any court having jurisdiction of 
the same. 

Under the act of April 18/1874 (71 v. 85), an action, will not lie in 
favor of the land owner against a railroad company to recover the cost 
of building a fence along the line of its railroad, when the former 
owner of the land, for a consideration, released the right of way for 
the railroad over the lands, and agreed to build and keep up fences on 
both sides of the line of the road : Warner v. Railroad Co., 31 O. S., 
265. 

Sec. 3326. [Company to keep fence in repair.] When the fence 
is completed the company shall keep it in good repair ; and if any such 
company or person permit anv part of the fence on the line of its road 
to get out of repair so that it will not turn stock, the owner of the 
land abutting on the railroad lands where the fence is out of repair, 
may notify the agent of the company for receiving and shipping 
freight at the station on the road nearest to the place where the fence 



344 LAWS RELATING TO AGRICULTURE. 

is out of repair, that a portion of the fence on the line of the road 
is out of repair, stating where, how, and the probable cost of repair- 
ing the same; and if such company or person fail, for twenty-four 
hours thereafter, to repair the fence so that, it will turn stock, the 
owner of the land may furnish materials and repair the same, and 
present to such agent, for payment, an itemized account of the ex- 
pense thereof, including materials and labor, and if the same be not 
paid within thirty days thereafter, such land owner may recover from 
the owner of the road the reasonable expense of such repairs, before 
any court having jurisdiction thereof. 

Sec. 3327. [When private crossings must be built.] A person 
owning fifteen or more acres of land in one body through which any 
such railroad passes, and which is so situate that he cannot use a 
crossing in a public street, road, lane, or highway, in passing from his 
land on one side of the railroad to that on the other side without great 
inconvenience, the company or person operating the road shall, at the 
request of the landowner, within four months after such request, at 
the expense of such company or person, construct a good and sufficient 
private crossing across the railroad and the lands occupied by the 
company, between the two pieces of land of the landowner, to enable 
him to pass with a loaded team, and over which he shall have the priv- 
ilege of passing at all times when such company or person is not using 
the railroad at the crossing, or so near thereto as to render crossing 
thereat dangerous. 

t 

Sec. 3328. [When landowner may build it at company's ex- 
pense.] If such company or person neglect, for four months after re- 
quest by any such landowner for that purpose, to construct a good and 
sufficient private crossing as provided in the preceding section, such 
landowner may, after having given reasonable notice to the agent of 
the company for receiving and shipping freight at the station on the 
railroad nearest to the land where it is proposed to construct such 
private crossing, of the time when such landowner will proceed to 
construct such crossing, enter upon the lands of # the company, at any 
point he may desire between the two pieces of his land, and construct 
a good and sufficient private crossing; and such company or person 
shall be liable to him for all the reasonable expense thereof, not ex- 
ceeding the sum of fifty dollars, and he may recover the same in an 
action against such company or person, before any court having juris- 
diction thereof. 

Sec. 3329. [When five preceding sections do not apply.] The 

provisions of the five preceding sections relating to fences and private 
crossings shall not apply to any case in which compensation for build- 
ing a fence or a private crossing has been or may hereafter be taken 
into consideration, and estimated as a part of the consideration to be 
paid for the right of way, so far as the fence, or right to private cross- 
ing, has been or may be settled or paid for ; nor shall said sections be 
held to affect, in any manner, any contract or agreement between any 
railroad company, or person having the control and management of a 
railroad, and the proprietors or occupants of lands adjoining, for the 
construction and maintenance of fences, cattle-guards, and railroad 
crossings. 



LAWS RELATING TO AGRICULTURE. 345 

Sec. 3330. [When company may build fence at landowner's ex- 
pense.] If an owner of lands abutting on the line of the lands of a 
company, who is legally bound in any manner to build or repair the 
fence dividing his lands from the lands of the company, neglect or re- 
fuse to build or repair such fence within the time in which he is bound 
to build or repair the same, the company may build or repair such 
fence, and present an itemized account of the cost of labor and mate- 
rials expended in such construction or repair, to the person bound to 
build or repair the fence, for payment; and if the same be not settled 
or paid within thirty days thereafter, the company may recover from 
such person the reasonable cost of such labor and materials, before 
any court having jurisdiction thereof. 

Sec. 3331. [Penalties for not constructing and repairing fences, 
etc.] A company or person having the control and management of a 
railroad neglecting or refusing to construct fences, cattle-guards, or 
public crossings, or to keep the same in repair, as prescribed in sec- 
tion thirty-three hundred and twenty-four after thirty days' previous 
notice or request to do the same, made in writing by any person, 
shall forfeit and pay for each and every day such company or person 
so refuses or neglects, any sum not exceeding fifty dollars per day, to 
be recovered in a civil action, in the name of the state, for the use of 
the county in which suit is brought. 

Sec. 3332. [Right of landowner to use culvert, etc., for cattle- 
way.] Any owner of land through which a railroad is constructed, 
and upon which there is a culvert, waterway, or opening through 
the embankment of the railroad, of sufficient height for sucn purpose, 
may use such culvert, waterway, or opening, for the purpose of a 
stock or cattle-way, under the track of the road, so as to permit stock 
to pass and re-pass; but the landowner shall build and maintain all 
necessary fences on both sides of said opening, and shall not, by use, 
or otherwise, permit the foundations of any structures about such 
opening to be injured or interfered with. 

AUTOMOBILES, MOTOR VEHICLES, ETC, 

Sec. 3490. [Penalty for obstructing travel on road.] All persons 
driving carriages or vehicles of any description on any public turnpike, 
road or highway of this state, shall, on meeting carriages or vehicles 
of any description keep to the right so as to leave half of the road free, 
and all persons riding on horseback, or on bicycle, tricycle, tandem 
bicycle, locomobile, automobile, or motor vehicle, shall, on meeting 
carriages or vehicles of any description, keep to the right so as to leave 
two-thirds of the road free ; provided, however, that any person oper- 
ating a locomobile, automobile, motor cycle, or other motor vehicle, 
on any public highway or in any public place, shall not operate the 
same at a rate of speed greater than is reasonable and proper, having 
regard to the use in common of such highway or place, or so as to en- 
danger the life or limb of any person, and in no event shall such loco- 
mobile, automobile, motor cycle, or other motor vehicle, be operated 
at a greater rate of speed than eight miles an hour in the business and 
closely built-up portions of any municipality of this state, nor more 
than fifteen miles an hour in the other portions of such municipalities, nor 



346 LAWS RELATING TO AGRICULTURE. 

more than twenty miles an hour outside of such municipalities, which 
rates of speed shall not be diminished nor prohibited by any ordi- 
nance, rule or regulation of any municipality, board, or other public 
authorities ; and provided that any person or persons operating a loco- 
mobile, automobile, motor cycle, or other motor vehicle, shall at request 
or on signal by putting up the hand, from a person riding, leading or 
driving a horse or horses, or other animal, bring such locomobile, auto- 
mobile, motor cycle, or other motor vehicle, immediately to a stop, 
and if traveling in the opposite direction shall remain stationary so 
long as may be reasonably necessary to allow such horse or animal 
to pass, (and in case such horse or animal appear to be frightened, 
and he is requested so to do, the person operating such locomobile, 
automobile, motor cycle, or other motor vehicle, shall cause the motor 
thereof to cease running so long as shall be necessary to prevent 
accident and insure the safety of persons using such public highway 
or public place,) and if traveling in the same direction, use reasonable 
care and caution, in thereafter passing such horses or animals, and be 
under the same restrictions as are herein provided relating to stopping 
at request or on signal by putting up the hand; and provided, that 
such locomobile, automobile, or other like motor vehicle, shall during 
the period from one hour after sunset to one hour before sunrise, ex- 
hibit a lamp or lamps showing a white light or lights for a reasonable 
distance in the direction towards which such vehicle is proceeding and 
also showing a red light or lights in the reverse direction, and shall 
also be provided with (and use at all proper and necessary times) a 
good and efficient brake and a suitable bell, horn, or other signal. If 
any person purposely and wilfully neglects or refuses to comply with 
any of the provisions of this section, or in any other manner wilfully 
hinders or purposely- obstructs any person in the free passage of any 
such road or highway, or shall ride a bicycle, tricycle, or tandem bi- 
cycle on the sidewalk or footpath of any unincorporated village, he 
shall, on conviction thereof, before any justice of the peace or other 
court having jurisdiction, for every [such] offence be fined in any 
sum not less than five dollars nor more than fifty dollars, for the use 
of the common schools of the county in which prosecution is had. (O. L., 
v. 97, p. 283.) 

BICYCLE SIDE-PATHS* 

Sec. 4935-3. [Board of side-path commissioners.] The probate 
judge of any county shall upon the petition of five resident wheelmen 
of such county, appoint from the resident citizens thereof, five persons, 
giving to each city and to each rural district in the county a repre- 
sentation on the board, as near as possible, in proportion to the prob- 
able number of cyclists residing in such localities, each of whom shall 
be a cyclist, who shall constitute a board of sidepath commissioners 
for such county. The terms of such commissioners shall be one, two, 
three, four and five years, from and including the first day of January 
of the year in which the appointment is made, to be determined by 
such commissioners by lot within one month after their appointment. 
A commissioner . thereafter appointed for a full term, shall hold 
office for five years from and including the first day of January of 
• the year in which the appointment is made. A commissioner ap- 



LAWS RELATING TO AGRICULTURE. 347 

pointed to fill a vacancy occurring otherwise than by expiration of 
term, shall be appointed for the unexpired term of his predecessor in 
office. Whenever a vacancy shall occur in the office of such a com- 
missioner by expiration of term or otherwise, the chairman and sec- 
retary of the board shall file a notice with the probate judge, specify- 
ing the name of such commissioner, the city or town in which he re- 
sided, and the term for which his successor should be appointed. Up- 
on the receipt of such notice, the probate judge shall appoint a person 
to fill such vacancy and file such appointment in the office of the 
county clerk. The county clerk shall forthwith notify such person of 
his appointment, and he shall take office immediately upon filing his 
written acceptance thereof with the county clerk and taking the con-- 
stitutional oath of office. If any person so appointed fails to file such 
acceptance with the county clerk, or to take the constitutional oath 
of office, within ten days after receiving notice of his appointment, or 
if any member of the board fails to attend three consecutive, regular 
meetings without being excused by a vote of the board, the board of 
sidepath commissioners may declare the place vacant by a majority 
vote of the board. Such commissioners shall serve without compen- 
sation, but shall be repaid their actual and necessary disbursements, 
out of the sidepath fund. 

Sec. 4935-4. [Power to construct and maintain side-paths.] Such 
board of sidepath commissioners is hereby authorized and empowered 
to construct and maintain sidepaths along any public road or sections 
thereof, of the county, outside the limits of incorporated cities and vil- 
lages, or outside the corporation tax district thereof. No sidepath shall 
be constructed upon or along any regularly constructed or maintained 
sidewalk, except by the consent of persons owning the abutting lands. 
Such paths shall not be less than three feet wide in any case nor more 
than six feet wide, without the consent of the owners of the abutting 
lands, and shall be constructed within the outside lines and along and 
upon either side of such public roads. The term ''sidewalk," as used 
in this act, means any sidewalk constructed and maintained as such by 
the public authorities or the owner of the abutting lands, whiph is re- 
served by custom for the use of pedestrians ; but not including foot- 
paths or portions of the public road which are worn only by travel. No 
member or any number of members of a sidepath commission shall 
begin or in any way authorize' the construction of a sidepath, to be 
built from the sidepath fund until the record of the proceedings of the 
board shows that it has voted to construct such a path. 

Sec. 4935-5. [License upon bicycles.] Such board of sidepath 
commissioners shall at their first meeting or within a reasonable time 
thereafter, and in each succeeding calendar year, adopt a form of li- 
cense to consist of an inscription, tag, badge, emblem or device suit- 
able to be affixed to a bicycle and to be known as a bicycle sidepath 
license. Any person, upon the payment of a fee of one dollar, shall be 
entitled to receive such license, which shall be good during the calen- 
dar year for which it is issued, and for no longer. Every such license 
to be valid must be issued by the sidepath commissioners of the county 
wherein the bicyclist resides, except that any bicyclist who resides in 
another state or in some county of this state where there is no side- 
path commission, may secure a license in any county where a sidepath 



348 LAWS RELATING TO AGRICULTURE. 

commission has been lawfully appointed by a probate judge, and such 
license shall be valid for the use of the person so purchasing for the 
calendar year for which it 'is issued and no longer. No person shall 
ride a bicycle on any sidepath in any county of this state where a 
sidepath commission has been or at any time hereafter may be ap- 
pointed, unless a valid bicycle license is attached or affixed to the left 
side of the front fork, or upon the lower tube of the fram;e within six 
inches from the head so that the license device will show on the left 
side of the lower tube of such bicycle. 

Sec. 4935-6. [License fee to be paid to county treasurer.] The 

license fees authorized by the said boards of sidepath commissioners 
shall be paid on or before the first day of July in each year to the 
county treasurer of their respective counties, by whom they shall be 
credited to a special fund, to be called "the sidepath fund." No claims 
against the sidepath commissioners shall be paid otherwise than upon 
the allowance of the said sidepath commissioners or a majority there- 
of. Upon the proper certidcate of the allowance of any claims by the 
said commission the county auditor shall draw his warrant upon the 
treasurer for said sum. But no money shall be disbursed by the said 
commissioners, or any of them, but the same shall be disbursed by the 
county treasurer, upon the warrant of the auditor specifying the name 
of the party entitled and upon what account ; but no warrants shall be 
so drawn in excess of the amount actually on deposit, nor shall any 
contract or purchase be made exceeding the amount of such funds at 
the time of making such contract or purchase. All bills shall be 
made out in duplicate. 

Sec. 4935-7. [Disposition of fees.] The said boards of sidepath 
commissioners shall devote the moneys so collected to the repairing of 
existing paths in their respective counties ; to the construction of new 
sidepaths, and to the maintaining of order on the paths. 

Sec. 4935-8. [Penalty for wrongful use of path.] No person 
shall lead, stand, hitch, or drive any horse, cattle, sheep, swine or other 
animals upon any sidepath now constructed or hereafter to be con- 
structed* in this state, except for the purposes of access to, and egress 
form, lands abutting on\ the highway. 

Sec. 4935-9. [Obstructing, destroying, etc., of path.] No per- 
son shall obstruct, injure or destroy any sidepath or any portion there- 
of, now constructed or hereafter to be constructed in said state. 

Sec. 4935-10. [Speed upon path.] No person shall ride a bicy- 
cle at a greater speed than ten miles per hour when passing another 
cyclist or a pedestrian on any sidepath in said state. 

Sec. 4935-11. [Sidepaths heretofore constructed to be placed un- 
der control of sidepath commissioners.] The sidepaths heretofore 
constructed and hereafter to be constructed in said state are hereby 
placed under the control and direction of the boards of sidepath com- 
missioners of the various counties in which they are located. 

Sec. 4935-12. [May remove tree limbs, etc.] Any board of side- 
path commissioners may remove limbs of trees overhanging any side- 
path or any other obstruction in the county wherein said board has 
jurisdiction, when in the judgment of said board, the same may inter- 
fere with the free passage of bicycles along said path. 



LAWS RELATING TO AGRICULTURE. 349 

Sec. 4935-13. [Penalties.] Any. person who rides a bicycle on 
any sidepath in this state in violation of any of the sections of this act, 
or does any of the acts by the provisions of this law forbidden, is 
guilty of a misdemeanor, and shall be punishable by a fine of not less 
than five nor more than twenty-five dollars, and in case of failure to 
pay any fine that may be imposed such person shall be committed to 
jail not exceeding one day for each dollar of such fine. 

Sec. 4935-14. [Security for appearance in court.] Any person 
arrested for the violation of any of the provisions of this act, or of any 
ordinance or by-law adopted as provided in this act, may tender at the 
time of his or her arrest, or at any time before the hearing thereon 
either five dollars in current money, or his or her bicycle or similar 
vehicle, as security for his or her appearance in court to make answer 
to the charge of violating the provisions of this act or any ordinance 
or by-law adopted as provided in this act; and the officer making the 
arrest, shall accept the security, which the rider may offer, as afore- 
said, for his appearance, before the most convenient court or magis- 
trate, to be specified by said officer at a time to be fixed by him not less 
than one day, in said city, village or town having jurisdiction of the 
offense, and such security shall be forthwith delivered, by such officer, 
to such court or magistrate. In case, the person arrested shall fail to 
appear and answer to such charge at the time so specified or at such 
other time to which the matter shall have been adjourned, such secur- 
ity shall be forfeited, and if money, shall be disposed of in the same 
manner as other fines are disposed of by such court or magistrate, and, 
if a bicycle or similar vehicle, it may be sold under the direction of 
such court or magistrate at public sale, a notice of which shall be 
posted in three public places in such city, town or village, and a copy 
thereof served personally or by mail upon the person who tendered 
the same at least six days before such sale, and after the payment of 
legal costs five dollars of the money received upon such sale shall be 
disposed of in the same manner as other fines collected by such court 
or magistrate, and the remainder of the money received upon such sale 
shall be paid to the owner of such bicycle or other similar vehicle on 
demand. 

Sec. 4935-15. [Notice.] But no person shall be arrested or fined 
for the violation of any of the provisions of this act, pertaining to any 
municipality, or of any ordinance or by-law of any municipal corpora- 
tion unless such municipality shall have placed at the corporate limits 
of such municipal corporation in at least four prominent thorough- 
fares, signs inscribed "sidewalk riding prohibited." 

Sec. 6854a. [Wrongful taking of bicycle, etc., with intent to in- 
jure same.] Whoever wrongfully takes any bicycle, tricycle or tan- 
dem bicycle from the house or lot of another person, or from any other 
place where any such bicycle, tricycle or tamdem bicycle has been law- 
fully placed, with intent to injure or use such bicycle, tricycle or tan- 
dem bicycle, shall be fined not more than one hundred dollars or im- 
prisoned not more than sixty days, or both. 

Sec. 6854ft. [Maliciously altering, etc., name or number of bicy- 
cle, etc.] Whoever maliciously alters or defaces any number on, or 



350 LAWS RELATING TO AGRICULTURE. 

removes any number-plate from any bicycle, tricycle or tandem bi- 
cycle the property of another, or who maliciously alters, defaces or 
removes any name placed on any bicycle, tricycle or tandem bicycle 
the property of another, shall be fined not more than fifty dollars or 
imprisoned not more than thirty days, or both. 

Sec. 6854c. [Maliciously injuring part of bicycle, etc.] Who- 
ever maliciously injures (or removes) the tire on any bicycle, tricycle 
or tandem bicycle, the property of another, either by puncturing - , cut- 
ting, defacing or in any manner destroying any tire on any bicycle, 
tricycle or tandem bicycle, or who maliciously removes or destroys 
or defaces any part of any bicycle, tricycle or tandem bicycle the 
property of another, shall be fined not more than fifty dollars or im- 
prisoned not more than thirty days, or both provided that said bicycle, 
tricycle or tandem bicycle has been listed for taxation. 

Sec. 6854J. [Unlawfully placing upon public way substance 
liable to injure pneumatic tire.] Whoever purposely places or causes 
to be placed in or upon any avenue, street, alley, road, highway, or 
public way, any tack, nail, piece of iron, broken glass, bottle, brier, 
thorn, or other substance, except such substance as may be placed on 
any avenue, street, alley, road, highway, or public way by proper au- 
thority for the repair or construction of the same, which may injure, 
cut or puncture any pneumatic tire, shall be guilty of a misdemeanor 
and shall be fined not more than fifty dollars nor less than five dollars. 

Sec. 6854c. [Disposition of fines.] Such fines when collected 
shall be paid into the road or street fund of the township or munici- 
pal corporation in which they were collected. 

STRAYS AND DRIFTS. 

Sec. 6627. [Who may take up estrays, and when not to be taken 
up.] It shall be lawful for any person holding land in this state, by 
deed, title bond, or lease, for three or more years, and being in posses- 
sion thereof, to take up any strays running at large within the town- 
ship where such taker-up resides ; nor shall any compensation or fees 
be allowed to any person for taking up any stray animal from the 
range where such animal usually runs at large, or when the owner of 
such stray is known to the taker-up, except as is provided in section 
sixty-six hundred and thirty-eight. 

Sec. 6628. [Description of stray; its record by township clerk; 
advertisement; its record by clerk of court; fees of clerks; oath of 
taker-up.] Every person taking up any stray or strays shall, within 
three days thereafter, make an accurate description of the marks, 
brands, size, color, and supposed age of such stray or strays, and if any 
alteration has been made in such marks or brands, within his knowl- 
edge, the same shall be particularly described, and said taker-up shall 
leave a copy thereof w r ith the clerk of his township, who shall record 
the same in a book, to be kept for that purpose, and post up a copy 
thereof on the door of his office, or some other conspicuous place near 
thereto ; and said taker-up shall, within five days, advertise the same in 
writing, by posting up a copy thereof, at three public places in said 



LAWS RELATING TO AGRICULTURE. 351 

township ; and if said stray or strays shall be of any other kind than 
hogs or sheep, it shall be the duty of the taker-up, within five days 
from the time of taking up such stray or strays, to transmit a copy of 
the description of such stray or strays, to the clerk of the court of 
common pleas of the county, who shall enter the same on his stray- 
book which books of the clerks of the county and township shall be 
subject to public inspection at all reasonable times ; and each of said 
clerks shall be entitled to receive and demand from the taker-up of 
such stray or strays the sum of twenty-five eents for the services he 
may be required to perform by this chapter, and if no person shall 
claim and prove his or her right to any such stray or strays, within 
twenty days after such advertisement, the taker-up shall go before a 
justice of the peace within the township, and make oath when and 
where he found such stray or strays, and that he hath neither trimmed, 
docked, nor altered the brands or marks of such stray or strays, or 
suffered the same to be done ; and if any such alteration has been made 
within his knowledge he shall state the same. 

Sec. 6629. [Appraisement.] The said justice shall issue an or- 
der to two respectable freeholders or householders, to be named in 
such order, commanding them, forthwith, to view and appraise such 
stray or strays, and to return to him, upon oath, their appraisement, 
with a true and accurate description of the marks, brands, size, color, 
and supposed age of such stray or strays ; and the taker-up shall give 
notice of such order to the persons therein named. 

Sec. 6630. [Its record by justice; his fees and clerk's; list of 
strays made by clerk of court.] Upon return being made of the ap- 
praisement and description as aforesaid, such justice shall record the 
same in his stray-book, together with the names of the taker-up and 
appraisers ; and, in all cases, the taker-up of any stray or strays as 
aforesaid, shall pay to the justice for his services under this chapter, 
the sum of fifty cents : provided, that if two or more strays, of the 
same species, shall be taken up by one person at the same time, they 
shall be included in the same entry; and, in such case, the justice and 
clerk aforesaid, shall receive no more than for one of such species; 
and the clerk shall cause a list of all strays, with the description 
thereof, given as aforesaid, to be affixed at the door of the court-house, 
on the first day of the court, next holden after such returns have been 
made to his office. 

Sec. 6631. [Proceedings when taker-up not a freeholder, etc.] 

If any person or persons, other than those authorized in section 
sixty-six hundred and twenty-seven shall take up any stray or strays, 
it shall be the duty of any justice of the peace of the township in which 
such stray or strays may have been taken up, on complaint of any free- 
holder of said township, to issue his warrant for the removal of such 
stray or strays from, the possession of such taker-up, and for the de- 
livery of the same into the custody of any resident of such township, 
having the qualifications required by section sixty-six hundred and 
twenty-seven: provided, that if no resident of such township, legally 
qualified as aforesaid, shall be found willing to receive such stray or 
strays, and to proceed therewith,- in all respects, as is required by law, 
it shall be the duty of the officer who may have served such warrant, 



352 LAWS RELATING TO AGRICULTURE. 

to suffer such stray or strays immediately to go at large, subject, how- 
ever, to be taken up by any person legally qualified, at any subse- 
quent time. 

Sec. 6632. [Strays outside of settlement.] It shall be lawful 
for any person to take up any stray or strays, found running at large, 
without the bounds of any settlement in this state ; and the taker-up of 
any such stray or strays shall forthwith go before the nearest justice of 
the peace, and make the oath required by section sixty-six hundred and 
twenty-eight, and that he hath neither trimmed, docked, nor altered the 
brands or marks thereof ; and if the taker-up be a freeholder or house- 
holder within the county where such justice resides, then the justice 
and taker-up shall be governed by the rules and regulations prescribed 
in the preceding sections ; but if it shall appear to the satisfaction of 
such justice that the taker-up is not a resident of the county, and a 
freeholder or householder as aforesaid, he shall require the taker-up 
to give sufficient security to such justice, for the safe-keeping and 
delivery of such stray or strays, agreeably to the provisions of this 
chapter; and on producing such security, the justice shall make a rec- 
ord thereof in his stray-book, and proceed in the same manner as if 
such stray had been taken up by a freeholder or householder; but if 
the taker-up should fail or refuse to give such security, the justice shall 
issue his warrant to any constable of the township to take into his 
charge, or deliver to any freeholder or householder who will take 
charge of such stray or strays, and proceed in the same manner as if 
such stray or strays had been taken up within the settlement. 

Sec. 6633. [Proceedings by owner to reclaim strays; sale in de- 
fault of payment of costs.] The owner or owners of any stray or 
strays taken up as aforesaid, on making satisfactory proof of his or 
their right thereto before any justice of the township, within four months 
after the same was taken up, shall be entitled to demand and receive 
such stray or strays, with the increase, if any, having first paid as 
a reward to the taker-up for each horse kind, the sum of one dollar; 
for every head of neat cattle, fifty cents ; for every sheep, hog, or goat 
above six months old, twelve and a half cents, together with the legal 
fees paid by the taker-up, and reasonable charges for keeping such 
strays ; but if the taker-up and the owner should disagree on the sum 
to be paid for keeping as aforesaid, it shall be lawful for either party 
to apply to a justice of the peace within the township to nominate 
three disinterested freeholders, whose duty it shall be to make such 
allowance for keeping such strays as to them shall appear just, and 
forthwith certify the same under their hands to such justice upon oath, 
and if the owner shall fail or refuse to pay the sum adjudged, together 
with the fees as aforesaid, within forty days thereafter, it shall be law- 
ful for the taker-up to deliver such stray or strays to any constable of 
the township, who shall, after giving ten days' notice by advertise- 
ment at three of the most public places in the township of the time and 
place of sale, proceed to sell the same for ready money to the highest 
bidder, to satisfy the costs and charges aforesaid; and the constable, 
after paying to the taker-up the fees awarded and charges aforesaid, 
and deducting one dollar for his own fees, shall pay the remainder to 
the owner of such strays. 

Sec. 6634. [What strays shall vest in taker-up; sale of animals 



LAWS RELATING TO AGRICULTURE. 353 

not vesting in taker-up; duty of justice and constable.] When the 
appraised value of any stray or strays of the same species, taken up as 
aforesaid, does not exceed seven dollars for the whole number taken 
up and reported at one time, and no person shall appear within four 
months after such taking up, and prove his or her right thereto, the 
right to such stray or strays shall vest in the taker-up ; but if the val- 
uation shall exceed seven dollars, and no owner appear as aforesaid, 
the taker-up shall apply to the justice to whom the return was made 
of the appraisement, marks, brands, size, color, and supposed age of 
such stray or strays, for a copy of such return, which copy said justice 
is hereby required to give from his stray-book, and the taker-up shall 
forthwith deliver the same to a constable of the township, and the con- 
stable shall immediately advertise such stray or strays for sale at three 
public places within the township, mentioning the time and place of 
sale, which shall be at least ten days from the time of advertising, and 
which sale shall be made at some public place in said -township, if of 
the horse kind, but if of any other kind of strays, the same shall be sold 
at the residence of the taker-up between the hours of ten o'clock a. m. 
and four o'clock p. m., at which time and place the taker-up shall de- 
liver such stray or strays to the constable, and take his receipt there- 
for, and transmit the same to the township treasurer. 

Sec. 6635. [Sale and adjusment, etc., of proceeds, etc.] The 

constable shall proceed" to sell the same to the highest bidder, upon a 
credit of nine months, for the residue of the purchase money, after 
paying the expense of taking up, posting, and keeping; which ex- 
pense shall be ascertained in the manner directed in the preceding 
sections of this chapter, and also reserving for his fees the sum of one 
dollar ; and it shall be the duty of the constable after paying the above 
expenses and fees, to take an obligation from the purchaser for the 
balance due, with one or more sufficient sureties resident within the 
township, payable to the township treasurer, or his successor in office, 
and to deliver the same to the said treasurer, for the use of the town- 
ship in which the stray or strays are taken up ; and it shall be the duty 
of such constable to take duplicate receipts for the same, one of which 
he shall file with the township clerk, together with his certificate stat- 
ing to whom said property was sold, and the amount for which it 
was sold; and it shall be the duty of said clerk to charge said treas- 
urer with the amount of said obligation, designating by whom the 
same was given ; and it shall also be the duty of said clerk to file said 
receipt and certificate in his office. 

Sec. 6636. [And how collected, etc., and when to be paid to the 
owner of the stray.] Each treasurer to whom an obligation is given 
as aforesaid, is hereby authorized and empowered to sue for, recover, 
and receive, for the purpose aforesaid, all moneys due thereon : pro- 
vided, that when any property is sold as aforesaid, and the owner shall 
claim the same within two years, from and after such sale, and prove 
his, her, or their right thereto, to the satisfaction of a justice of the peace 
for the proper township, the justice shall issue his order to the treas- 
urer, requiring him to assign the obligation, or any judgment thereon, 
to such claimant for his own use, or, if the money shall have been paid 
into the treasury, on such bond, requiring said treasurer to refund the 
same to such claimant. 

23— F. H. B. 



354 LAWS RELATING TO AGRICULTURE. 

Sec. 6637. [Penalty, etc., for working, selling, abusing, etc., 
strays.] If any person, taking up any stray as aforesaid, shall sell 
the same, abuse, or suffer it to be abused, either by working, riding, 
neglecting to feed, or in any other manner, so that such stray shall, in 
consequence thereof, die, or be lessened in value, or shall take, or cause 
such stray or strays to be taken out of the township more than two 
days at any one time, or shall, by his or her neglect, suffer such stray 
or strays to escape; or if any person shall knowingly purchase any 
stray or strays, contrary to the provisions of this chapter, the person so 
offending shall be liable to the action of the party injured, or the trus- 
tees of the township, as the case may be, and, upon conviction thereof, 
shall pay the full amount of damages sustained, and costs of suit; and 
if any person, who may have taken up any horse, mare, or gelding, 
shall in any manner work or use the same, such person shall be de- 
barred from receiving any compensation for keeping such stray. 

Sec. 6638. [Stallion deemed a stray, etc.; may be gelded.] If 

any stallion, one and a half years old, or upward, shall be found run- 
ning at large out of the inclosed ground of the owner or keeper of 
said horse, it shall be lawful for any person to take up such horse, and 
forthwith give notice to the owner or keeper thereof, if the said owner. 
or keeper be known ; and if the owner or keeper, do not appear within 
three days thereafter, and pay to the said taker-up, two dollars as a 
compensation for his trouble, the taker-up shall proceed' to advertise 
said horse; and the same proceedings shall be had, in every respect, 
as hereinbefore provided in cases of stray horses : provided, that the 
taker-up may, after the expiration of twenty days from the time of ad- 
vertising, geld, or procure to be gelded, said horse, which shall be done 
at the risk and expense of the owner. 

Sec. 6639. [Boat, raft, etc., adrift may be taken up; description 
and appraisement thereof.] It shall be lawful for any person or per- 
sons, finding any boat, watercraft, raft, or piece of raft, or other valu- 
able property gone or going adrift, within this state, or any of the 
waters adjoining thereto, to take up and secure such boat, watercraft, 
raft, or piece of a raft, or other valuable property; and if no person 
shall claim and prove his right to such boat, watercraft, raft, or piece 
of a raft, or other valuable property, within thirty days thereafter, the 
taker-up shall cause such boat, watercraft, raft, or piece of a raft, or 
other valuable property, to be viewed by two freeholders or household- 
ers of the township, who shall, after viewing the same, give a de- 
scription thereof, in writing, together with the value of such boat, 
watercraft, raft, or piece of a raft, or other valuable property, and cer- 
tify the same under their hands ; which certificate the taker-up shall 
deliver within five days, to some justice of the peace within the town- 
ship. 

Sec. 6640. [Its record, disposition, etc., and fees of justice and 
clerk; when taker-up may be required to give security, and proceed- 
ings in such case.] The justice to whom such certificate shall be de- 
livered, shall make a record thereof in his stray book; and the taker- 
up shall, at the same time, pay to the justice the sum of twenty-five 
cents for his services, and deposit tlie sum of twenty-five cents in the 
hands of said justice, to be by hi?n transmitted, together with the cer- 



LAWS RELATING TO AGRICULTURE. 355 

tificate aforesaid, within fifteen days, to the clerk of the court of com- 
mon pleas, and the clerk shall enter the same in his stray book, and 
file the original in his office : provided, always, that if the taker-up is 
not a freeholder or householder, within the county, the justice may, if 
he deem it necessary, require him to give security, as in the case of 
stray animals, taken up under this chapter ; and on neglect or refusal 
to comply with such rule, the justice may take such boat, watercraft, 
raft, or piece of a raft, or other valuable property, into his own pos- 
session, or deliver it to any freeholder in the township, who shall take 
charge thereof; and the same proceedings shall be had as in case of 
persons taking up stray animals under this chapter. 

Sec. 6641. [How owner of drift may reclaim it.] The owner of 
such boat, craft, raft, or piece of a raft, or other valuable property, on 
proving his right thereto, within the time hereinafter limited, and pay- 
ing to the taker-up, for each flat or keel boat, scow, or lighter, and for 
each skiff, pirogue, or other valuable property, such reward or com- 
pensation as shall be deemed reasonable, at the discretion of the jus- 
tice of the peace, together with the fees allowed by this chapter, shall 
be entitled to demand and receive such boat, craft, raft, or piece of a 
raft, or other valuable property, so taken up, as aforesaid. 

Sec. 6642. [When drift shall vest in taker-up, and what sold, and 
how.] If the appraised value of such boat or craft, raft or piece of a 
raft, or other valuable property, does not exceed five dollars, and if 
no person shall appear within two months after the taking up thereof, 
and prove his right thereto, the right of such boat or craft, raft, or 
piece of a raft, or other valuable property, shall vest in the taker-up ; 
but if the value shall exceed five dollars, and the owner does not ap- 
pear and prove his right thereto, within two months, then the taker-up 
shall deliver the same to any constable of the township, and take his 
receipt therefor ; and the constable shall proceed to advertise, sell, and 
pay over the money arising therefrom, in the same manner as is di- 
rected in .the case of stray animals, by the preceding sections of this 
chapter ; and the owner of such boat, craft, raft, or piece of a raft, or 
other valuable property, sold as aforesaid, shall be entitled to receive 
the amount thereof, out of the township treasury, in the same manner 
as is provided in the preceding sections, in the case of stray animals : 
provided, that if the appraised value of any boat or craft, taken upon 
the shores of Lake Erie, shall not exceed eight dollars, and no person 
shall appear and prove his right thereto, within the time provided by 
this section, such boat or craft, or other property, shall be vested in the 
person taking up the same. 

Sec. 6643. [Township treasurers to deliver moneys, books, etc., 
to successors; proceedings as to strays when new township laid off.] 

The several township treasurers shall pay over all moneys, in their 
hands, belonging to the treasury, and also deliver all books, and all 
bonds deposited in their hands, to their successors in office ; and when 
any new township shall be set off, within the bounds of which there 
shall be any stray of [or] drift, which, agreeably to this chapter, ought 
to be sold, it shall be the duty of the justice to whom the return of the 
appraisement of such stray or drift was made, or his successor in 
office, to furnish a copy of such appraisement to the constable whose 



356 LAWS RELATING TO AGRICULTURE. 

duty it would have been to sell such stray or drift, had not such town- 
ship been so set off ; and the constable, furnished with such copy, shall 
proceed to advertise and sell such stray or drift in the same man- 
ner as hereinbefore provided; and the proceeds of such sale, after pay- 
ing the incidental expenses, shall be paid into the treasury of the town- 
ship so set off, for the use of such township. 

Sec. 6644. [Justice's stray-book; to deliver it to successor, who 
may give copies, etc.] It shall be the duty of each justice of the peace, 
to keep a book of sufficient size for the purpose of recording all strays, 
the appraisement of which shall be returned to his office ; and when the 
office of such justice becomes vacant, by his term of service expiring, 
resignation, or otherwise, he, or his legal representatives, shall deliver 
the said book to the clerk of the township ; and it shall be the duty of 
such clerk to deliver over such book to the person who shall succeed 
said justice in office, whose duty it shall be to furnish a copy of such 
appraisement, in the same manner as if he had been in office at the 
time the return of such appraisement was made. 

Sec. 6645. [Penalty for neglect of duty, etc., under this chapter; 
township treasurers to sue, etc.] If any person shall neglect to per- 
form any of the duties repuired by this chapter, or shall do anything 
contrary thereto, such person shall forfeit and pay a sum not exceed- 
ing one hundred dollars, nor less than one dollar, to be recovered by 
action before any court having cognizance thereof, and shall, more- 
over, be liable to the action of the party injured ; and it is hereby made 
the duty of each township treasurer to sue for, and collect and pay 
over, all moneys arising by virtue of any forfeiture incurred as afore- 
said. 

Sec. 6646. [In name of trustees.] All suits brought in behalf of 
the township under the provisions of this chapter, shall be prosecuted 
by the treasurer thereof, in the name of the trustees of the township, 
anything in this chapter to the contrary notwithstanding. 

Sec. 6647. [Fees of freeholders.] In every case, when any free- 
holders or householders perform any services under the provisions of 
this chapter, they shall each be entitled to receive the sum of fifty 
cents for each day they "may be actually employed, to be paid at the 
time of service, by the person or persons taking up such stray or 
strays. 

Sec. 6647a. [Abandoned or stolen property; how disposed of.] 

That whenever any property abandoned, stolen or supposed to have 
been stolen, shall come into the possession of any sheriff, constable or 
other person, except a policeman or city marshal, and shall remain in 
the possession of said officer or person for a period of thirty days 
without being reclaimed by the owner, said property, if an animal, 
shall be disposed of as provided in said chapter in regard to estrays ; if 
other than an animal, it shall be disposed of as provided in said chap- 
ter in regard to drifts. 



LAWS RELATING TO AGRICULTURE. 357 

BOUNTY. 

Sec. 421 i-i. [Offering bounty for killing ground-hogs.] Any 

one killing- an animal known as the wood chuck or ground-hog, be- 
tween the first day of March and the first day of November in any one 
year, shall, on the presentation of the scalp of such animal to the clerk 
of the township wherein such animal was captured and killed, be en- 
titled to a certificate to the amount of ten cents for each scalp so pro- 
duced ; provided, that the clerk of the township shall in no case issue 
such certificate, unless there is at the time of issuing the same, a fund 
in the township treasury out of which to pay the same, which fund 
shall have been set apart out of the general fund of the township, or 
shall have been raised by a levy for such purpose by the township trus- 
tees, and shall be known as the ground-hog fund, and the trustees of 
an}' township may, in their discretion, create such fund, which in no 
year shall exceed the sum of two hundred dollars, and any amount 
of such fund which shall remain unexpended upon the first day of 
December of each year, shall be credited to the general fund of the 
township. 

Sec. 421 1-2. [How paid.l In any township in which there shall 
be to the credit of the ground-hog fund any money, yet unexpended, 
it shall be the dutv of the clerk upon the presentation of the scalp 
of such animal, to destroy the same and issue his certificate to the per- 
son entitled to the reward aforesaid, on the treasurer of said township 
for the amount due such person ; the same to be paid out of the 
"ground-hog fund" of the township ; provided, that in each township, 
no greater amount than two hundred dollars in any one year shall be 
expended for the purposes herein named; and the trustees shall allow 
the township clerk a reasonable compensation for the services herein 
required; provided, that no scalp shall be redeemed which shall have 
been taken from an animal captured or killed on the Sabbath day. 

Sec. 42 1 1-3. [Bountv for the killing of English sparrows.] Ev- 

erv person being: an inhabitant of this state, shall be entitled to receive 
a bounty of twentv cents per dozen for all sparrows, known as the 
English sparrow, killed, to be allowed and paid in the manner herein- 
after provided. 

Sec. 421 1-4. [Proof required of persons applying for such boun- 
ty.] Every person applying: for such bountv, shall take the heads of 
such sparrows, in lots of not less than one dozen, to the clerk of the 
township, village or city, within which such sparrows shall have been 
killed, who shall thereupon decide upon such application, and if satis- 
fied Of the correctness of such claim, shall issue a certificate stating the 
amount of bounty to which such applicant is entitled, and shall de- 
liver the same to such applicant, and shall destroy the heads of such 
sparrows ; provided, that the clerk of the township, village or city 
shall in no case issue such certificate unless there is at the time of is- 
suing the same a fund in the township, village or city treasury out of 
which to pay the same, which fund shall have been set apart out of the gen- 
eral fund of the township, village or city, or shall have been raised by 
a levy for such purposes by .the township trustees, or by the councils 
of the village or city, and shall be known as the sparrow fund, and 



358 LAWS RELATING TO AGRICULTURE. 

the township trustees of any township, or the councils of any village 
or city may, in their discretion, create such fund, which in no year, in 
any township or village shall exceed two hundred dollars, and in no 
city the sum of five hundred dollars; and any amount of such fund 
which shall remain unexpended upon the first day of March each year 
may be credited to the general fund of the township, village or city. 

Sec. 42 1 1-5. [How paid.] Such certificate may be presented by 
the claimant or his agent to the city treasurer or the treasurer of the 
township or village in which such sparrows may have been killed, who 
shall pay the same out of the fund provided for the payment of such 
certificates. 

HOLIDAYS. 

Sec. 3178/. (Holidays.) The following days, viz;: 

1. The first day of January, known as New Year's day; 

2. The twenty-second day of February, known as Washington's 
birthday ; 

3. The thirtieth day of May, known as Decoration or Memorial 
day; 

4. The fourth day of July, known as Independence day; 

5. The first Monday of September, known as Labor day; 

6. The twenty-fifth day of December, known as Christmas day; 

7. Any day appointed and recommended by the governor of this 
state or the president of the United States as a day of fast or thanks- 
giving; and 

8. Any day which may hereafter be made a legal holiday, shall 
for the purposes of this chapter, be holidays ; but if said days firstly 
(1), secondly (2), thirdly (3), fourthly (4), sixthly (6) and eighthly 
(8) herein be the first day of the week known as Sunday the next suc- 
ceeding secular or business day shall be a holiday. 

Sec. 4446-1. [Making part of first Tuesday after first Monday 
in November a legal part holiday.] The first Tuesday after the first 
Monday in November of each year, from and between the hours of 
twelve o'clock noon and two o'clock p. m., shall be, for election pur- 
poses only, a legal part holiday. And no employe who is an elector 
shall be compelled or required to perform any labor between said 
hours, nor shall any employer or his or its officers or agents discharge 
any such employe because he fails or refuses to labor between said 
hours or require or order any such employe to accompany him; to the 
voting place of such employe, and any person violating any of the 
provisions of this act shall upon conviction be fined not more than 
twenty-five dollars. 

TIME. 

Sec. 4446-3. [Central standard time.] The standard of time 
throughout this state shall be that of the ninetieth meridian of longi- 
tude west from Greenwich, by which all courts^ banks and public 
offices, and all legal or official proceedings shall be hereafter regulated. 
Whenever, by the laws of this state, or by. any law, rule, order or pro- 
cess of any authority, created by or pursuant to the laws of this state, 






LAWS RELATING TO AGRICULTURE. 359 

any act is required to be performed, at or within any prescribed time, 
such act shall be performed according to the standard of time of the 
ninetieth meridian of longitude west of Greenwich, known as central 
standard time. 

Sec. 4446-4. [Time piece in or upon public building to keep cen- 
tral standard time.] Wherever there is a clock or other timepiece 
in or upon a public building within this state, the same being main- 
tained at the public expense, it shall be the duty of the board of county 
commissioners, board of education, or other persons having control 
and charge of such building, to have said clock or other timepiece set 
and run according to the standard of time established by the act passed 
March 22, 1893, entitled "An act to .establish a uniform system of keep- 
ing time throughout the state of Ohio." 

FOR THE PROTECTION OF THE SKUNK. 

(6963-2) Sec. 1. [Unlawful to catch, kill, etc., any skunk except 
between first day of November and first day of February; exceptions.] 

No person shall, at any time, on any place, by any means, catch, kill, 
or injure, or pursue with such intent, anv skunk, except between the 
first day of November and the first day of February, next ensuing, in- 
clusive. Providing that this act shall not prevent the owner of any 
farm or enclosure, used exclusively for the breeding and raising of 
pole-cat or skunks, from catching or killing any pole-cat or skunk 
upon such farm or within such enclosure. Provided, however, that 
any farmer, or tenant, may kill any skunk at any time when doing an 
injury upon his premises. 

(6963-3) Sec. 2. [Penalty.] Any person violating the provi- 
sions of this act shall be deemed guilty of a misdemeanor, and upon 
conviction thereof, shall be fined not less than five, nor mpre than 
fifteen dollars, and stand committed until such fine and costs of suit 
are paid. 

CRIMES AGAINST PROPERTY. 

Sec. 683d. [Maliciously setting fire to woods, prairies, etc.] 

Whoever maliciously, or negligently, sets fire to any woods, prairies, 
or grounds, not his own property, or maliciously permits any fire to 
pass from his own prairies or grounds, to the injury or destruction of 
the propertv of any other person, shall be fined not more than one 
hundred dollars, or imprisoned not more than twenty days, or both. 

Sec. 6836. [Entering house, etc., in day-time or night season, and 
attempting to commit felony; how punished.] Whoever maliciously, 
either in the day time or night season, enters any dwelling house, 
kitchen, shop, store-house, malt-house, still-house, mill, office, treas- 
ury, bank, railroad car, pottery, water-craft, school-house, church or 
meeting-house, smoke-house, barn or stable, and attempt to commit a 
felony, shall be imprisoned in the penitentiary not more than two years nor 
less than one year. 

(An attempt to steal anything of the value of thirty-five dollars, 
or more is an attempt to commit a felony, under this section : Griffin v. 
State, 34 O. S., 299.) 



360 LAWS RELATING TO AGRICULTURE. 

Sec. 6837. [Breaking into building in day-time to steal.] Who- 
ever maliciously, in the day-time, breaks and enters any dwelling- 
house, kitchen, shop, store, warehouse, malt-house, still-house, mill, 
factory, pottery, watercraft, school-house, church or meeting-house, 
smoke-house, barn, stable, railroad car, car factory, depot, station- 
house, hen-house, wagon-house, sugar-house, boat-house, grain-house 
or green-house, with intent to steal, shall be fined not more than three 
hundred dollars, or imprisoned not more than six months or both. 

Sec. 6840. [Entering premises of another to disturb bees, or 
carry away poultry, grain, or honey, etc.] Whoever unlawfully en- 
ters the premises of another for the purpose of disturbing or carrying 
away any box, gum, or vessel containing bees or honey, or injuring 
or carrying away any poultry, or for carrying away any grain, shall be 
fined not more than five hundred dollars, or imprisoned not more than 
sixty days, or both. 

Sec. 6865. [Altering or removing landmarks.] Whoever know- 
ingly arid maliciously cuts, fells, defaces, alters, or removes, any land- 
mark, corner, or bearing-tree, properly established, or any monument 
lawfully placed on the line between this state and the state of Pennsyl- 
vania, shall be fined in any sum not more than five hundred dollars, 
or imprisoned not more than thirty days, or both. 

Sec. 6866. [Removing township corner posts.] Whoever dis- 
places or removes any monument placed by the county surveyor, or by 
the direction of the county cbmmissioners, at the corner of any orig- 
inally surveyed township, shall be fined not more than one hundred 
dollars, or imprisoned not more than thirty days, or both. 

Sec. 6868. [Throwing down fences or opening gates.] Who- 
ever wantonly or maliciously throws or lays down, or opens, pros- 
trates, or injures, any fence inclosing any land, the property of an- 
other, or any bars or gate in any such fence, shall be fined not more 
than one hundred dollars, or be imprisoned not more than thirty days, 
or both. Prosecutions under this section shall not be commenced 
after one year from the time the offense was committed. 

Sec. 6869. [Malicious injury of toll-gate.] Whoever willfully 
or maliciously cuts down, demolishes, destroys or injures any turn- 
pike or plank road, toll-gate or toll-board or any toll-gate erected on, 
or any fence which has lawfully been erected across, or partially 
across any turnpike or plank road, or the national road, or whoever, 
with intent to evade the payment of toll, passes through any private 
gate or bars or along any other ground near a turnpike or plank road, 
or the national road toll-gate erected in pursuance of law, or practices 
any fraudulent or forcible means with intent to evade or lessen the 
payment of toll, shall be fined not more than fifty dollars nor less than 
five dollars. 

Sec. 6870. [Fast driving, etc., over bridges.] Whoever rides 
or drives faster than a walk on or over any toll bridge erected across 
the Ohio river, or any other toll bridge having placed upon it, by the 
owner thereof, a caution notice according to law, or any free county 



LAWS RELATING TO AGRICULTURE. 361 

bridge, having placed upon it, by the commissioners of the county, a 
caution notice according to law, or drives on or over any such bridge 
more than twenty head of cattle at one time, or, with intent to de- 
fraud, fails or refuses to pay the usual toll for crossing any such 
bridge, shall be fined not more than ten dollars nor less than one 
dollar. 

Sec. 6877. [Injuring and committing nuisances in buildings.] 

Whoever maliciously injures or defaces any church edifice, school 
house, dwelling house, or other building, its fixtures, books, or appur- 
tenances, or commits any nuisance therein, or purposely and mali- 
ciously commits any trespass upon the inclosed grounds attached 
thereto, or any fixtures placed thereon, or any inclosure or sidewalk 
about the same, shall be fined in an}' sum not more than one hundred 
dollars. 

Sec. 6878. [Destroying or defacing newspapers, etc., belonging 
to libraries.] Whoever intentionally defaces, obliterates, tears, or 
destroys, in whole or in part, any newspaper, magazine, or periodical, 
on file in any reading-room belonging to another person, or cuts 
therefrom any article or advertisement, shall be fined not more than 
one hundred nor less than ten dollars, or imprisoned not more than 
thirty days, or both. 

Sec. 6879. [Demolishing guide-boards, etc.] Whoever mali- 
ciously demolishes, throws down, alters, or defaces, any mile-stone, 
mile-board, mile-post, guide-board, or guide-post, standing on any 
public road, shall be fined not more than fifty dollars, or imprisoned 
not more than ten days, or both. 

Sec. 6880. [Trespassing by destroying trees and crops.] Who- 
ever wrongfully, and without lawful authority, cuts down or destroys, 
or by girdling, or any other means, injures any vine, bush, shrub, 
sapling, or tree, standing or growing upon land not his own, or severs 
from the land of another, or injures, or destroys, any product standing 
or growing thereon, or other thing attached thereto, shall be fined in 
any sum not more than one hundred and fifty dollars, or imprisoned 
not more than thirty days, or both. 

This section applies to injuring trees in the line of a highway by a per- 
son constructing a line of telegraph under United States laws who injures 
them against the owner's protest: Daily v. State, 51 O. S., 348. 

Sec. 6880a. [Trespassing, cutting timber, etc.; how punished.] 

Whoever shall saw, bore, or cut down any timber, tree, or trees of 
whatever size, or any poles commonly called hoop-poles, standing or 
growing uponi the lands of another, or lands of the state of Ohio, or 
shall unlawfully take, carry, or haul away from the lands of another 
person, or lands of the state of Ohio, any timber, saw logs, rails, rail- 
cuts, tan-bark, hoop-poles, railroad ties, hoops, staves, stave-bolts, or 
blocks, butts, or any timber of any value whatever, or shall unlawfully 
dig up, pluck off, or carry away from the lands of another person, any 
cultivated root or roots, plant or plants, fruit, or any other vegetable 
production or productions, with intent in each or any of the above 
recited cases to injure the owner of said lands in his property, or to 



362 LAWS RELATING TO AGRICULTURE. 

defraud him or them,, if the value of the property so severed or taken 
is of the value of thirty-five dollars or more, shall be guilty of a felony, 
and be imprisoned in the penitentiary not more than three years nor 
less than one year, and shall pay the costs of prosecution. And, if 
any person shall be convicted of either or any of the offenses men- 
tioned in this section, and the value of the property severed, or in any 
manner taken from the lands in violation of this section, shall be less 
than thirty-five dollars, he shall be guilty of a misdemeanor, and be 
fined in any sum not less than twice the value of the property sev- 
ered, or carried away from lands as aforesaid, or imprisoned in the 
jail of the county not exceeding thirty days, or both, at the discretion 
of the court, and pay costs of prosecution. 

Sec. 68806. [Penalty for buying timber cut unlawfully.] Who- 
ever shall buy any of the property mentioned in section six thousand 
eight hundred and eighty (a), or any lumber, timber, bark, rails, hoops, 
dr hoop-poles, railroad ties, made or taken, knowing that the same had 
been severed or taken from the lands of another, or from the lands of 
the state in violation of section six thousand eight hundred and eighty, 
(a), with intent to defraud the owner of such property, shall be fined 
not less than twice the value of the property bought or received as 
aforesaid, or imprisoned in the jail of the county not exceeding thirty 
days, or both, at the discretion of the court, and shall pay the costs 
of prosecution. 

Sec. 6880J. [How judgment collected and paid over.] The 

court trying any cause arising under the last four preceding sections, 
shall instruct the jury to find the value of the property severed or 
taken from the land, bought, received or sawed, or manufactured, as 
the case may be, in violation of any of the provisions of said sections, 
and shall render judgment against the party convicted for the amount 
of fine assessed and costs of prosecution, and the sheriff, or other 
officer collecting said judgment, shall, after paying all costs of prose- 
cution, pay over to the owner of said property severed or taken as 
aforesaid, twice the value thereof, as returned by the jury. 

Sec. 6880?. [Trespassing upon lands of another ; penalty.] Who- 
ever, being about to enter unlawfully upon the inclosed or unin- 
closed lands or premises of another, and shall be forbidden so to do 
by the owner or occupant, or his agent or servant, or who, being un- 
lawfully upon the inclosed or uninclosed lands or premises of another, 
shall be notified to depart therefrom by the owner or occupant, or his 
agent or servant, and shall thereafter enter upon such lands or prem- 
ises, or neglect or refuse to depart therefrom, except persons who are 
crossing said lands or prernises for some lawful purpose, with the 
consent of the owner of such premises, shall be guilty of a misde- 
meanor, and upon conviction thereof shall be fined not less than one 
nor more than five dollars, and shall pay the costs of prosecution. 

Sec. 6881. [Trespassing while mining.] Whoever, in mining 
for coal, or other minerals, willfully, and without lawful authority, 
trespasses upon the lands of another, shall be fined not more than one 
hundred nor less than five dollars, or imprisoned not more than ten 
days, or both ; and any continuation of such trespass for twenty- 



LAWS RELATING TO AGRICULTURE. 363 

four hours after the commencement of any prosecution under this 
section, shall be deemed a separate offense; and all prosecutions here- 
under shall be commenced within one year from the time the offense 
becomes known to any owner of the property injured. 

Sec. 688i<7. [Trespass by owner of shanty-boat; penalty.] Who- 
ever being the owner of any shanty-boat, anchors, ties or beaches said 
boat upon the real estate of another along a creek or river, unless in 
case of distress or for a longer period than thirty-six hours, without 
the permission of the owner or agent of the said real estate upon 
which said boat is anchored, tied or beached, shall upon conviction be 
fined not more than fifty dollais or imprisoned not more than thirty 
days. 

Sec. 6881-1. [Forbidding trespasses -by employes of telephone 
and telegraph companies ; penalties.] Be it enacted by the General 

Assembly of the state of Ohio, That any person engaged either for him- 
self, or as an officer, clerk, agent, servant, or other employe of any 
corporation, company, firm, or person doing business wholly or partly 
in the state of Ohio, as receivers and transmitters of messages or 
other communications, either by telegraph, telephone, or other similar 
means, or of any electric light, district telegraph, or other company, 
person, firm or corporation, who shall enter into or upon the prem- 
ises, building or buildings, of another for the purpose of construct- 
ing, altering, repairing, or examining the wires, poles, insulators, 
frames, or other appendages belonging to such corporation, company, 
firm or person, without the written consent of the owner or agent 
of such premises, building or buildings, or shall attach thereto any 
wire, pole, insulator, frame, or other appendage whatsoever, without 
such consent, shall be fined not less than ten nor more than one hun- 
dred dollars. 

Sec. 6882. [Defacing or destroying advertisements or notifica- 
tions set up by authority of law, or by bridge owners.] Whoever 
intentionally defaces, obliterates, tears, down, or destroys, in whole 
or in part, any copy or transcript of any law of the United States, 
or of the state of Ohio, or any proclamation, publication, advertise- 
ment or notification whatsoever, set up in any public place, for the 
public information of any citizen, by the authority of any law or act 
of this state, or any sign, notice, card, or table of rules or rates or any 
other notice, affixed or posted upon any bridge, by any owner or 
keeper thereof, for the information of the public, shall be fined not 
more than twenty dollars, or imprisoned not more than twenty-four 
hours, or both. 

Sec. 6883. [Posting bills, etc., on buildings, etc., without con- 
sent of owner.] Whoever paints, prints, pastes, stencils, or other- 
wise marks upon, or in any manner places upon or affixes to, any 
building, fence, wall, or tree, without the consent of the owner there- 
of, any word, letter, character, figure, sentence, or device, or any 
handbill, or notice, shall be fined not more than fifty nor less than ten 
dollars ; but this section does not apply to the posting of any handbill 
or notice of any public sale of property by any sheriff, administrator, 
executor, or licensed auctioneer, or any notice required by any law 
to be posted. 



364 LAWS RELATING TO AGRICULTURE. 

Sec. 6884. [Setting up obstruction on public sidewalk.] Who- 
ever sets up any table, stand, tent, wagon or other article, to use or 
let for profit, on a public footwalk or sidewalk constructed according 
to law, by any person, or any board of education, the council of any 
municipal corporation, the trustees of any cemetery association, the 
trustees of an3^ township, or any agricultural or religious society, or 
rides, drives, leads or hitches any horse or other animal on such foot- 
walk or sidewalk, or in any other way obstructs the same, or digs up 
or removes any of the material of which the same is composed, shall 
be fined not more than twenty-five nor less than five dollars, or 
imprisoned not more than ten days, or both. 

Sec. 6884-1. [Unlawful camping on public highways or adjacent 
lands.] It shall be unlawful for any band of gypsies, wanderers, 
travelers, or other person or persons, to camp in tent, wagon or other- 
wise, on the public highway, or lands adjacent thereto, for a longer 
period than twenty-four hours without consent of the owners of such 
adjacent land, or consent of owner of land abutting on the highway 
where such camping place is made. 

Sec. 6884-2. [Penalty.] Any person or persons violating the 
provisions of this act shall be deemed guilty of a misdemeanor, and 
upon conviction shall be fined not exceeding ten dollars, or impris- 
oned in the county jail not exceeding thirty days, or both. 

Sec. 6885. [Breaking open pounds, etc.] Whoever interferes 
with, breaks open, destroys, or injures, any pound erected under au- 
thority of any law, or sets at liberty any animal impounded therein, 
shall be fined not more than fifty dollars, or imprisoned not more 
than ten days, or both. 

Sec. 6962. [Discharging fire-arms on lawns, etc.] Whoever dis- 
charges any fire-arms on any lawn, park, pleasure-ground, orchard, 
or any other ground directly appurtenant to, or within gunshot of, 
any occupied dwelling-house, the property of another, or any char- 
itable institution, shall be fined not more than twenty nor less than 
five dollars, or imprisoned not more than thirty days, or both. 

NUISANCES* 

Sec. 6921. [Nuisances.] Whoever erects, continues, uses or 
maintains, any building, structure, or place for the exercise of any 
trade, employment, or business, or for the keeping or feeding of any 
animal, which, by occasioning noxious exhalations, or noisome or 
offensive smells, becomes injurious to the health, comfort, or property 
of individuals, or the public, or causes or suffers any offal, filth, or 
noisome substance, to be collected, or to remain in any place, to the 
damage or prejudice of others, or the public, or obstructs or impedes, 
without legal authority, the passage of any navigable river, harbor, 
or collection of water, or corrupts or renders unwholesome or im- 
pure, any water-course, stream, or water, or unlawfully diverts any such 
water-course from its -natural course or state, to the injury or preju- 
dice of others, or obstructs or incumbers, by fences, buildings, struct- 
ures, or otherwise, any public ground, or highway, or any street or al- 



LAWS RELATING TO AGRICULTURE. 365 

ley of any municipal corporation, shall be fined not more than five 
hundred dollars. 

Sec. 6922. [Creating artificial ponds, and stagnant waters.] Who- 
ever builds, erects, continues, or keeps up, any dam or other obstruc- 
tion, in any river or stream of water, and thereby raises an artificial 
pond, or produces stagnant water, which is manifestly injurious to 
the public health and safety, shall be fined not more than five hundred 
dollars. 

Sec. 6923. [Unlawful deposit of dead animals, offal, etc., in or 
upon land or water.] Whoever puts the carcass of any dead animal, 
or the offal from any slaughter house, or butcher's establishment, 
packing house, or fish house, or any spoiled meat, or spoiled fish, or 
any putrid substance, or the contents of any privy vaults, upon or into 
any lake, river, bay, creek, pond, canal, road, street, alley, lot, field, 
meadow, public ground, market space or common, and whoever being 
the owner or occupant of any such place, knowingly permits any such 
thing to remain therein, to the annoyance of any of the citizens of this 
state, neglects or refuses to remove or abate the nuisance occasioned 
thereby, within twenty-four hours after knowledge of the existence of 
such nuisance upon any of the above described premises, owned or 
occupied by him, or after notice thereof in writing, from any road 
superintendent, constable, trustee, or health officer of any municipal 
corporation or township in which such nuisance exists, or from a coun- 
ty commissioner of such county, shall be fined not more than fifty 
dollars nor less than ten dollars, and pay the cost of prosecution, and 
in default of the payment of said fine and costs, be imprisoned not 
more than thirty days, but the provisions hereinbefore made shall not 
prohibit the depositing of the contents of privy vaults and catch basins 
into trenches or pits not less than three (3) feet deep, excavated in 
any lot, field or meadow, the owner thereof consenting, outside the 
limits of any municipal corporation, and not less than thirty rods dis- 
tant from any dwelling, well or spring of water, lake, bay or pond, 
canal, run, creek, brook or stream of water, public road or highway; 
provided, that said contents deposited in said trenches or pits are 
immediately thereafter covered with dry earth to the depth of at 
least twelve inches; nor shall said provisions prohibit the depositing 
of said contents into furrows situate and distinct, as specified for said 
trenches or pits ; provided, the same are immediately thereafter whol- 
ly covered with dry earth by plowing or otherwise ; and, provided, 
also, that the owner or occupant of the land in which said furrows 
are plowed consents, and is a party thereto; provided, also, that the 
board of health of any municipal corporation may allow said con- 
tents to be deposited within corporate limits into trenches or pits or 
furrows, situate, distant and to be covered as aforesaid. Provided, 
further, that in cities of the second grade of the second class having 
and maintaining a crematory, the contents of privy vaults in said 
cities and towns shall be deposited at said crematory, and whoever 
shall haul away and deposit the contents of any such privy vault, in 
any such municipal corporation, at any other place than at such 
crematory, shall be fined not more than fifty dollars nor less than ten 
dollars, and pay the cost of prosecution, and in default of the payment 
of said fine and costs, be imprisoned not more than thirty days. (O. L., v. 
98, p. 339.) 



36:6 LAWS RELATING TO AGRICULTURE. 

Sec. 6927. [Befouling well, spring, etc.] Whoever maliciously 
puts any dead animal, carcass, or part thereof, or any other pturid, 
nauseous, noisome, or offensive substance, into, or in any manner be- 
fouls, any Well, spring, brook, or branch of running water, or any 
reservoir of water-works, of which use is or may be made for domestic 
purposes, shall be fined not more than fifty nor less than five dollars, 
or imprisoned not more than sixty days, or both. 

Sec. 6946. [Prohibiting sale of intoxicating liquors and keep- 
ing of houses of ill-fame at certain places; abatement as nuisance.] 

Whoever sells intoxicating liquors or keeps a house of ill-fame at or 
within twelve hundred yards of the administration or main central 
building of the Columbus state hospital, Dayton state hospital, Athens 
state hospital, Toledo state hospital, soldiers' and sailors' orphans' 
home, or any other orphans' home in this state, except in cities of the 
first class, or within two miles of the boundary' line of the boys' in- 
dustrial school, south of Lancaster, Fairfield county, or within two 
miles of the place where any agricultural fair is being held, or within 
one mile of any county children's home of any county of the state, 
situated within one mile of any incorporated village or city in which 
the sale of intoxicating liquors is prohibited by an ordinance of such 
village or city, made in pursuance of the act entitled "An act provid- 
ing against the evils resulting from the traffic in intoxicating liquors," 
passed March 11, 1897, shall be fined not more than one hundred 
nor less than twenty-five dollars, or imprisoned not more than thirty 
days, or both, and on conviction of the owner or keeper thereof the 
place wherein such liquors are sold, shall, by order of the court, be 
shut up and abated as a nuisance; but nothing in this section shall 
be so construed as to prevent a regular dealer in intoxicating liquors 
from doing business and selling the same, at his usual place of busi- 
ness within two miles of the place where any agricultural fair is being 
held. 



FRAUDS. 

Sec. 7001. [Penalty for vending impure seed.] Whoever know- 
ingly vends any grass or other seed, in or among which there is any 
seed of the Canada thistle, white or yellow daisy, or wild carrot, and 
whoever being the owner, occupier, or possessor of any land, suffers 
any Canada thistle, teasels or wild carrot to grow and ripen seed 
thereon, or on the highway adjoining the same, shall be fined twenty 
dollars. 

Duty with reference to the destruction of Canada thistles and other 
noxious weeds, see §§ 4732, 4732a, 4732Z). • 

Sec. 7069-3. [Unlawful sale of certain kinds of wool.] Be it 

enacted by the General Assembly of the State of Ohio, That it shall be 
unlawful for any person or persons to sell any wool washed on sheep's 
back or otherwise, containing any unwashed tag-locks, or any un- 
washed wool of any kind, or black wool, or parts of buck's fleeces, or 
other substances foreign to the fleece or fleeces, which is calculated 
and intended to defraud the purchaser thereof. 



LAWS RELATING TO AGRICULTURE. 367 

Sec. 7069-4. [Penalty.] Any person or persons guilty of vio- 
lating the provisions of section one of this act, shall be fined not less 
than twenty-five dollars nor more than one hundred dollars, or impris- 
oned not less than thirty days nor more than ninety days, or both, at 
the discretion of the court. 

Sec. 7069-5. [Fraud in sale of grain, seed, etc., negotiation of 
notes obtained by such fraud; penalty.] Be it enacted by the General 
Assembly of the State of Ohio, That whoever, either for his own benefit 
or as the agent of any corporation, company, association or person, ob- 
tains from any other person anything of value, or procures the sig- 
nature of any such person, as maker, indorser, guarantor or surety 
thereon, to any bond, bill, receipt, promissory note, draft, check, or 
any other evidence of indebtedness, as the whole or part consideration 
of the sale or transfer to such other person of any grain, seed or other 
cereals, which sale or transfer is at a fictitious price or at a price equal 
to or more than twice the market price of such grain, seed or cereals, 
or as the whole or part consideration for any bond, contract or promise 
given the vendee of any grain, seed or cereals binding the vendor or 
any other person, corporation, company, association, or the agent 
thereof, to sell for such vendee any grain, seed or cereals at a fictitious 
price, of at a price equal to or more than twice the market price of 
such grain, seed or cereals ; and whoever sells, barters or disposes of, 
or offers to sell, barter or dispose of, either for his own benefit or as 
the agent of any corporation, company, association or person, any 
bond, bill, receipt, promissory note, draft, check, or other evidence of 
indebtedness, knowing the same to have been obtained as the whole or 
part consideration of the sale or transfer to the maker, indorser, 
guarantor or surety on any such bond, bill, receipt, promissory note, 
draft, check, or other evidence of indebtedness, of any grain, seed or 
cereals which have been sold or transferred to such maker, indorser, 
guarantor or surety at a fictitious price or at a price equal to or more 
than double the market price of such grain, seed or cereals, or as the 
whole or part consideration for any bond, contract or promise given 
the vendee of any grain, seed or cereals binding the vendor or any 
other person, corporation, company, association, or the agent thereof, 
to sell for such vendee any grain, seed or cereals at a fictitious price, 
or at a price equal to or more than twice the market price of such 
grain, seed or cereals, shall.be imprisoned in the penitentiary not more 
than three years nor less than one year, or be fined in the sum of not 
more than five hundred dollars nor less than one hundred dollars, or 
both, at the discretion of the court. 

Sec. 7072-1. [Labeling of binding twine.] Each separate ball or 
parcel of binding twine — being that commonly employed in binding 
grain — exposed to sale or offered for sale in this state, shall have at- 
tached thereto a tab or label, on which shall be plainly written or 
printed the kind of material of which the string is composed and the 
true weight of each of such separate balls or parcels of twine and any 
dealer, manufacturing corporation, company or their agent selling or 
offering for sale any such ball or parcel of twine without then having 
the tab or label attached thereto, above required, shall on conviction 
thereof be fined not less than one dollar nor more than twenty-five dol- 
lars, and shall stand committed until the fine and costs are paid. 



368 LAWS RELATING TO AGRICULTURE. 

Sec. 7072-3. [Labeling of "soaked" goods and cans of maple 
molasses.] That all soaked goods, or goods put up from products 
dried before canning, shall be plainly marked by an adhesive label, 
having on its face the word "soaked," in letters not less in size than 
two-line pica, of solid and legible type; and all cans, jugs, or other 
packages, containing maple syrup or molasses, shall be plainly marked 
by an adhesive label, having on its face the name and address of the 
person, firm or corporation who made or prepared the same, together 
with the name and quality of the goods, in letters of the size provided 
in this section. 



INDEX 



Section. Page. 

ADULTERATIONS 1 et seq. 74 

Butter and cheese, imitations 4200-13 77 

Maple sugar and syrup denned 4200-62 85 

Fraudulent use of word "maple" 4200-66 86 

Package must bear label 4200-65 86 

Standard weight of maple sugar 4200-63 85 

Adulteration 4200-63 85 

Unlawful to sell adulterated 4200-64 86 

Penalty 4200-67 86 

Vinegar, its manufacture and sale forbidden 4200-50 84 

Fermented and distilled vinegar 4200-51 84 

Injurious ingredients; branding 4200-52 85 

Brands on casks 4200-54 85 

Manufacturing farmer 4200-54 85 

Penalty 4200-54 85 

Penalties 4200-55 85 

AGRICULTURAL EXPERIMENT STATION 409-1 55 

Annual meeting of board of control 409-3 56 

Annual report of, to governor 409-3 56 

Board of control appointed 409-2 56 

Director of appointed by whom 409-4 56 

Expenses of board only are paid 409-2 56 

Management of station 409-5 56 

Organization of board 409-3 56 

Rules and regulations 409-4 56 

Salary of director and employes 409-4 56 

Term of office of members of board 409-2 56 

Title of lands, how held 409-6 57 

AGRICULTURAL SOCIETIES, COUNTY AND DISTRICT . 3697 et seq. 7 

AGRICULTURAL STATISTICS 409-35 19 

Crop and stock service 409-35 19 

Statistics gathered by assessors 1522 19 

Returned by assessors 1523 20 

AGRICULTURE, STATE BOARD OF 3691-25 et seq. 5 

ALTERING OR REMOVING LANDMARKS 6865 360 

ANIMALS, MUTUAL COMPANIES FOR INSURING 3691-1 et seq. 93 

ANIMALS RUNNING AT LARGE, ETC 4201 38 

Animals not to run at large 4201 38 

Penalty . '.... 4201 38 

Certain animals not to run at large 4202 38 

Penalty 4202 38 

Owner liable for damages 4206 39 

Penalty, how collected 4204 39 

Suit for penalty 4205 39 

County commissioners may grant permission 4203 38 

May be treated as estray 4207 39 

Duties of pound master 4209-3 40 

Fees of pound masters 4209-4 41 

Fees for taking up animals 4208 39 

Pounds 4209 40 

Pounds in incorporated villages 4209-1 40 

Release on impounded animals 4209-3 40 

ARBOR DAY, MANUAL FOR 409i 65 

AUTOMOBILES, PENALTY FOR OBSTRUCTING TRAVEL 

ON ROADS :' 3490 345 

BEES 4221-13 87 

Appointment of bee inspector 4221-13 87 

Appointee to file acceptance 4221-14 87 

Compensation of inspector 4221-24 89 

Monthly report of 4221-23 89 

24— F. H. B. 



370 INDEX. 

Section. Page. 

Diseased apiaries, when affidavit filed 4221-15 87 

Inspector, right to enter premises 4221-16 88 

May order change of hives 4221-18 88 

Must disinfect person and clothing 4221-17 88 

Penalty for disobeying instructions 4221-22 89 

Penalty for failure to comply with 4221-21 89 

Penalty for selling diseased bees, etc 4221-19 88 

Penalty for unauthorized disposal of bees, etc 4221-20 89 

Tax levy 4221-24a 90 

BICYCLES 6854a 349 

Maliciously altering name or number 6854& 349 

Maliciously injuring bicycle 6854c 350 

Placing on public roads substances to injure tire 6854a" 350 

Wrongful taking of bicycle 6854a 349 , 

Side Paths — 

Board of sidepath commissioners 4935-3 346 

Fines, disposition of 6854e 350 

License upon bicycles 4935-5 347 

Obstructing path, etc 4935-9 348 

Disposition of fees 4935-7 348 

Paid to county treasurer 4935-6 348 

Sidepaths placed under control of commission 4935-11 348 

Penalty for wrongful use of path 4935-8 348 

Penalties 4935-13 349 

Notice 4935-15 349 

Security for appearance in court 4935-14 349 

Removing tree limbs 4935-12 348 

Wrongful use of path 4935-8 348 

Penalty for obstructing travel 3490 345 

BOUNTY 4211-1 357 

Offered for killing English sparrows 4211-3 357 

How paid 4211-5 358 

Proof required 4211-4 357 

Offered for killing ground hogs 4211-1 357 

How paid 4211-2 357 

BRIDGES 860 116 

Bridge to replace one destroyed may be elsewhere 864 117 

Construction of approaches to county bridges 4940 118 

Counties may construct and repair jointly 862 116 

County commissioners must build and repair 860 116 

Approaches 861 116 

County commissioners to build over canals 4936 118 

Swing bridges may be built 4937 118 

County commissioners to build in certain cities and vil- 
lages 4938 118 

May purchase toll bridge 4941 119 

Proceedings when price not agreed upon 4941a 120 

When right to bridge forfeited 4941& 121 

Bonds may issue therefor 4942 121 

Levy tax to pay same 4943 121 

May place guard rails on county bridges 4941-1 119 

How paid for 4941-2 120 

Penalty 4941-3 120 

Must put up caution notices 4944 121 

Arrest of certain persons 4945 121 

How prosecuted 4946 121 

Straighten creeks and water courses 865 117 

Costs and expenses 869 118 

Petition must be filed therefor 866 117 

Viewer shall be appointed 867 117 

Work to be advertised if report favorable 868 118 

Suits to be brought in certain cases 863 116 

BUTTER AND CHEESE, imitation 4200-13 et seq. 77 

CANADA THISTLES, DESTRUCTION OF 4732 et seq. 265 

CENTRAL TIME 4446-3 358 



INDEX. 371 

Section. Page. 

COMMERCIAL FEED STUFFS 4446; 23 

Analyses made, under whose direction 4446n 24 

"Commercial feed stuffs" defined 4446m 24 

Copy of label and sample of goods filed 4446fc 23 

License and fee 4446? 24 

Packages to be labeled 4446; 23 

Penalty for failure to comply with law 4446o 24 

Penalty for failure to mark packages 4446p 25 

Prosecutions 4446r 25 

Publication of reports of analyses 4446s 25 

Secretary of agriculture to draw samples 4446a 25 

COMMERCIAL FERTILIZERS 4446a 21 

Analyses made by secretary of agriculture 4446a" 22 

Annual report published by secretary 4446e 22 

License fee, to be paid by manufacturer, etc 4446c 22 

Package, how to be marked 4446a 21 

Penalty for selling unlawfully 4446f 22 

Samples to be deposited with secretary 4446& 22 

Secretary of board to select samples 4446ft 23 

Suits to be brought by secretary 4446i 23 

Where to be brought 4446a 23 

Unlawful sale of fertilizers 7002 23 

CONTAGIOUS DISEASES 4210 et seq. 36 

CORNER POSTS, REMOVING TOWNSHIP 6866 360 

COUNTY DITCHES : 4447 et seq. 133 

COUNTY AND DISTRICT AGRICULTURAL SOCIETIES . . . 3697 7 

Commissioners may assist in purchasing fair sites 3702 9 

Commissioners authorized to assist 3702a 10 

Commissioners may insure fair ground property 3705a 11 

Commissioners may purchase fair grounds 3703 11- 

Limitation in power 3703 11 

Tax must be submitted to voters 3704 11 

Conduct of election, etc 3704 11 

Conveyance of, how executed 3707 14 

Commissioners to join, when 3707 14 

Conveyances to such societies declared valid 3701 8 

Corporations, declared to be 3700 8 

Escheated lands, proceeds of sale 4185 17 

County auditor to sell 4183 16 

Terms of sale 4184 17 

When sold, how proceeds disposed of 4185 17 

Grounds, control and management of 3706c 13 

Liquor, sale of, to be suppressed 3712 15 

How articles seized to be disposed of 3713 15 

Mortgage grounds, cannot unless 3708 14 

Organization of 3697 7 

Payment to, out of county treasury 3697 7 

Powers of 3698 7 

Premiums, what to be offered for 3698 7 

Awards 3698 7 

Proceedings for enlargement of grounds 3713-10 16 

Prosecuted by board of directors 3713-11 16 

Publish list of awards 3699 8 

Publish treasurer's account 3699 8 

Realty vests in county when society dissolves 3705 11 

Reports of, what to contain 3699 8 

Rules and regulations 3697 7 

Sale of sites and purchase of others 3706 12 

Commissioners' assent necessary 3706 12 

Commissioners to carry out contracts 3706a 12 

Payment for new site 3706& 12 

Submission of question of issuing bonds 3702-1 9 

Bonds 3702-2 9 

Commissioner may levy tax 3702& 10 

Levy 3702-2 10 

Money raised applied to purposes intended 3702-4 10 

Proceeds used to liquidate debt 3702-3 10 



372 INDEX. 

Section. Page. 

Township societies, incorporation of 3709 14 

Trespass 3713-7 15 

Penalty 3713-8 15 

Prosecutions hereunder 3713-9 16 

COUNTY ROADS . . : 4637 et seq. 217 

COUNTY TAXES 2822 et seq. 121 

CREEKS AND WATERCOURSES, STRAIGHTENING 865 117 

CRIMES AGAINST PROPERTY 6834 359 

Altering or removing landmarks 6865 360 

Breaking into building 6837 360 

Breaking open pounds 6885 364 

Defacing or destroying advertisements 6882 363 

Defacing or destroying newspapers 6878 361 

Demolishing guide-boards 6879 361 

Discharging fire-arms on lawns 6962 364 

Entering house to commit a felony 6836 359 

Entering premises of another 6840 360 

Fast driving over bridges 6870 360 

Fences, throwing down, etc 6868 360 

Forbidding trespassing -. 6881-1 363 

Injuring buildings or committing nuisances 6877 261 

Malicious injury to toll gate 6869 360 

Maliciously setting fire to woods, etc 6834 359 

Posting bills on buildings without owner's consent 6883 363 

Setting up obstructions on sidewalk 6884 364 

Township corner posts, removal of 6866 360 

Trespass by owner of shanty boat 6881a 363 

Trespassing, cutting timber, etc 6880a 361 

Buying timber so cut 6880& 362 

Judgment, how collected 6880a" 362 

Trespassing upon lands of another 6880c 362 

Trespassing while mining 6881 362 

Unlawful camping on public highway 6884-1 364 

Penalty 6884-2 364 

CRIMINALS, SOCIETY FOR APPREHENSION OF 3705-11 97 

Corporations for apprehension of criminals 3705-11 97 

Assessments; expenditures 3705-13 98 

Constitution; officers, etc 3705-12 97 

Reimbursement of expenses by county 3705-14 98 

Township societies authorized to incorporate 3709a 98 

CROP AND STOCK SERVICE 409-35 19 

CRUELTY TO PERSONS AND ANIMALS 3714 46 

Society to prevent, state 3714 46 

Agents of, appointment, etc 3714 46 

Branch societies may be organized 3714 46 

Child may be taken from parent 3725-1 52 

Agent may be made guardian 3725-2 52 

Guardian to provide home . ■. 3725-2 52 

Objects of, powers, rules, etc 3714 46 

Societies, other, authorized 3715 47 

Agents may be appointed 3718 48 

Animal may be ordered killed 3725a 52 

Cruelty to animals 6951 52 

Disposition of fines 6951 53 

Incorporated, how 3716 47 

Interpretation of certain words 3721 51 

Jurisdiction of justices, etc 3718a 48 

Magistrates may authorize inspection 3719 50 

Conviction of agent no bar to action 3724 51 

Duties of police officer 3719a 50 

Person guilty liable to damages 3723 51 

Police powers of officers 3720 50 

Police officers requested to act by members 3722 51 

Protecting animal from neglect 3725 51 

Poison, depositing in thoroughfares 6958 54 

Dehorning cattle 6951 53 



INDEX. 373 

Section. Page. 

Docking tail of horse 6951-1 53 

Lawful docking 6951-1 53 

Dog fighting, cock fighting, etc 6952 53 

DAIRY AND FOOD COMMISSIONER 409-7 72 

Commissioner elected, salary and expenses 409-7 72 

Assistants appointed 409-10 72 

Bond 409-13 73 

Bulletins issued 409-10 72 

Expenses, vacancies, etc 409-10 72 

General duties of himself and assistants 409-8 72 

Office, where located 409-10 72 

Powers, prosecutions, etc 409-9 72 

Report, seal, etc 409-10 72 

Dairy Products — 

Butter and cheese imitations 4200-13 77 

Butter and cheese, natural, denned 4200-14 77 

Oleomargarine 4200-14 77 

Penalty 4200-15 77 

Oleomargarine, restrictions 4200-16 77 

Placards to be displayed by dealers 4200-17 77 

By hotel proprietors and others 4200-18 78 

Oleomargarine defined 4200-19 78 

Penalty 4200-20 78 

Cheese, branding of filled and skimmed 4200-21 78 

Branding 4200-28 80 

Notice to guests, etc 4200-27 80 

Penalty for violating sec. 4200-21 4200-22 79 

Penalty for selling imitation cheese ... 4200-23 79 

Penalty for selling without proper brands 4200-24 79 

"Person" defined 4200-29 81 

Placard on sides of vehicle 4200-26 80 

Posting placard at place of business 4200-25 80 

Restrictions on sale of artificial 4200-30 81 

Brands and labels, false 4200-33 82 

Brands, continued 4200-34 82 

Card to be displayed by dealers in 4200-35 82 

Card to be displayed by hotel keepers 4200-36 83 

Fraudulent shipments v 4200-37 83 

Restrictions on manufacture of 4200-31 82 

Further restrictions on manufacture of ..... 4200-32 82 

Milk condensed 4200-42 84 

Cows, unhealthily fed 4200-41 84 

Diluted, sale of; false accounts 4200-38 83 

Impure and skimmed milk ■. 4200-39 83 

Milk, falsely labeled, etc 4200-40 83 

State institutions 4200-43 84 

Penalties ' 4200-44 84 

DITCHES, COUNTY 4447 133 

Appeal to probate court, who may 4463 139 

Hearing of preliminary questions 4464 139 

How jury to be sworn 4467 140 

How panel to be filled 4466 140 

Jury to be drawn, when 4465 139 

Jury, view by and trial 4468 140 

Transcript to be sent to commissioners 4470 141 

Costs, when jury find for improvement 4472 141 

Costs, when court confirms assessment 4473 141 

Several appeals may be tried together 4474 141 

Altering or repairing ditch 4510 154 

Application for county ditch 4450 134 

Application for damages 4460 137 

Apportionment, commissioners may change 4459 136 

Apportionment by auditor 4459a 137 

Reapportionment by commissioners 4459& 137 

Assessment for county ditches - . 4480 144 

Assessment made on benefited lands 4479 144 



374 INDEX. 

Section. Page. 

Assessments when county bonds issued 4481 144 

Form of such bonds 4482 145 

Auditor to keep ditch accounts 4505 151 

Auditor to make record of proceedings 4504 151 

Board of education, may pay assessment, how 4503 151 

Collection of taxes not to be enjoined 4490 147 

How far proceedings declared void 4491 147 

Commissioners to fix compensation 4461 137 

May require bridges enlarged, etc 4495 148 

May vacate ditch 4499 149 

To sell out work, when and how 4475 141 

Inspection of drain tile 4475-1 142 

"Ditch" and "according to benefits" meaning of words . . 4448 133 

Ditch, when it benefits a road 4449 134 

Ditch fund, general levy for 4501 150 

Bonds, how paid 45016 151 

Duties of commissioners when awards made 4501a 151 

Ditch, when becomes a public water course 4500 150 

In more than one county 4488 146 

Apportionment of cost 4488a 146 

Change of route, when authorized 4489 147 

Ditches and water courses 4447 133 

Ditches, notice of filing petition for 4451a 135 

Finding against improvement 4453 135 

Finding for improvement 4454 135 

Hearings by commissioners 4452 135 

Ditches, supervision 4477 143 

When contract not completed • 4478 143 

Engineer to report assessment of cost 4455 136 

What the plat shall show 4456 136 

Exceptions before commissioners 4462 138 

Fees and costs 4506 152 

How same to be paid ^ 4507 153 

Improvement fund created 4508 153 

Montgomery county commissioners authorized to protect 

against dangerous waters 4450-1 134 

Petition and bond 4451 134 

Municipal corporation may present petition 4483 145 

Notice to municipal authorities 4485 145 

Penalty for neglect of duty 4487 146 

Whole or part of considered single tract 4484 145 

Obstructing ditches, penalty for . . 4509 153 

Old ditch may be repaired 4492 148 

Surveyor or engineer to give bond 4494 148 

Township levy for ditch purposes 4502 151 

Township trustees, when apply for ditch 4493 148 

Ditch in Moee Than One County — 

Cleaning and repairing joint ditches 4510-10 157 

Cleaning, repairing or enlarging joint ditches 4510-11 157 

Commissioners, duty of 4510-1 154 

Proceedings on failure to agree or pay 4510-2 155 

Further proceedings 4510-3 155 

Commissioners of upper county, abandonment by 4510-4 156 

Compensation of commissioners 4510-5 156 

Expense, how apportioned 4510-6 156 

Collection by treasurer 4510-7 156 

Outlet may be enlarged 4510-8 156 

Duty of township trustees 4510-9 157 

Ditches, Joint, Between Counties of Ohio and Bordering 
States — 

Joint inter-state county ditches 4510-39 165 

Meeting and organization of joint board 4510-41 165 

Notice by county auditor 4510-40 165 

Rules governing board 4510-56 168 

Vote of Ohio members 4510-42 165 

Adjournment for lack of quorum 4510-43 166 

Adjournments 4510-48 166 



INDEX. 375 

Section. Page. 

Plat and profile 4510-53 167 

Power to enter upon land 4510-58 168 

Claims for compensation 4510-63 169 

Costs, division of among lands 4510-59 168 

Fees 4510-62 169 

Further proceedings 4510-60 168 

Work beyond state limits 4510-61 169 

Power to locate 4510-45 166 

Engineers to locate ditch 4510-50 167 

Bond 4510-54 168 

Engineers' report * 4510-54 168 

Duty of auditor on receipt of 4510-55 168 

Report of findings 4510-49 166 

Amendments, or approval of 4510-57 168 

Route petitioned for, view of 4510-44 166 

Employment of engineer 4510-46 166 

Improvement, capacity of 4510-47 166 

Staking of 4510-52 167 

Ditches, Joint Ixter-State County — 

Commissioners to enter into agreement for 4510-64 169 

Assessments, bonds, etc 4510-64 169 

Improvement of outlet 4510-65 170 

Terms of agreement 4510-66 170 

Ditches, Township — 

Bonds, actions on and resales of work 4545 179 

Appeals to probate court 4533 176 

Consolidation of separate appeals 4534 . 176 

Notice to land owners 4535 177 

Appeals, hearing of preliminary matters 4536 177 

Assessments, when put on duplicate- 4547 179 

Boxing or tiling 4524 174 

Channel, more than one may be established 4522 174 

Clerk, duties of 4529 175 

Clerk, report of trustees to 4528 175 

Costs may be put on duplicate 4549 180 

Costs when verdict against appellant 4548 180 

County commissioners may keep channel clear 4584 188 

"Ditch" and "according to benefits", meaning of 4512 170 

Ditch to be divided into sections 4526 175 

Ditch may be altered or repaired 4552 180 

Fees of officers and others 4527 175 

Flood-gates may be ordered 4531 176 

How obstructions may be removed 4532 176 

Joint township ditches, etc 4514a 171 

Jury, trial to, on appeal, etc 4537 177 

To view premises 4538 177 

Verdict, form of 4539 177 

Land owners to petition for ditch 4514 171 

Action, when brought on bond 4516 172 

Application for compensation and damages 4518 173 

Notice to land owners of filing of petition 4515 172 

Proceeding does not abate by death of party 4517 173 

When preliminary steps have not been taken 4519 173 

Obstructing ditch, etc 6926 192 

Party injured, only, can have relief 4560 181 

Persons injured may have action 4546 179 

May sue trustees 4550 180 

Proceedings when papers lost 4551 180 

Proceedings on return of verdict 4540 178 

Fees and costs, to whom taxed 4541 178 

Judge to make transcript 4542 178 

Price at which work may be sold 4544 179 

Trustees, how proceed if no appeal 4543 178 

Supervisor, election of, etc 4584-1 188 

Oath and bond * 4584-2 189 

Collection of costs 4584-8 190 



376 INDEX. 

Section. Page. 

Compensation of supervisor 4584-10 191 

Ditch located in two or more townships 4584-4 189 

Ditch must be kept free 4584-12 191 

Division of ditch into working sections 4584-3 189 

Grouping of small sections 4584-6 190 

Tax levy for ditch fund 4584-9 190 

Tiled ditches 4584-11 191 

Upon refusal of land owner to clean ditch 4584-7 190 

Township trustees may establish ditches 4511 170 

May buy blanks 4513 171 

Compensation and damages, how awarded 4521 174 

Duties of trustees 4520 173 

Riprapping may be done 4523 174 

Route, how and when changed 4525 174 

Time to complete work may be extended 4530 175 

Taxes or assessments that are not void 4559 180 

Drains, Outlet foe Underground 4510-12 158 

Damage to crops 4510-15 159 

Ditches to be kept open ' 4510-16 159 

Payment of costs according to benefits 4510-13 158 

Township trustees to locate drain 4510-14 158 

Sink Holes and Fissures — 

Assessment for costs of improvement 4510-34 163 

Assessments according to benefits 4510-26 161 

Commissioners to provide for cleaning drain 4510-37 164 

Fees for services 4510-38 164 

Compensation and damages, how assessed .' 4510-31 163 

Levy not void 4510-33 163 

Tax, how collected 4510-32 163 

Public or corporate road to be assessed 4510-23 161 

Meeting for hearing 4510-24 161 

Report of engineer may be amended 4510-25 161 

Sink holes may be opened 4510-18 159 

Application for, how made 4510-19 159 

Auditor to fix day for hearing 4510-22 160 

Compensation and damages 4510-27 161 

Commissioners to determine when necessary 4510-20 159 

Proceedings, if finding for or against 4510-21 160 

Proceedings in case of appeal • 4510-28 162 

Proceedings when located in more than one county.. 4510-35 164 

Proceedings when contract not complied with 4510-30 162 

Penalty 4510-36 164 

Tax, how collected 4510-32 163 

Levy not void 4510-33 163 

Work, how done and paid for 4510-29 162 

DOGS SHALL BE LISTED 2754 43 

Assessor, penalty against for not listing 2 43 

Liability to owner for killing 4214 44 

Tax on dogs, distribution of 2833 43 

When dog considered property 4212-1 43 

When dog may be killed 4212-2 44 

Owner liable for damages 4212-2 44 

Dog, mad, reimbursements of expenses of person injured 4215-al 46 

Sheep killed or injured by dogs, damages 4215, 4215a 44, 45 

Blanks for accounts 4215 45 

Examination and order for payment 4215 45 

DOMESTIC ANIMALS 6850 41 

Administering poison to 6852 41 

Altering ear marks 6850 41 

Killing or injuring 6851 41 

To what these two sections apply ' 6853 41 

Horse, mule, etc., using without leave 6854 41 

Horse stealing, etc 6857 42 

Stallion or jack, lien of keeper 3213-1 42 

■ Enforcement of lien, etc 3213-1 42 



INDEX. 377 

Section. Pago. 

DRIFT • 6639 354 

Abandoned or stolen property 6647a 356 

Boat, raft, etc., may be taken up 6639 354 

How owner may reclaim 6641 355 

Pees of freeholders 6647 356 

Record and disposition 6640 354 

Penalty for neglect of duty 6645 356 

Suits brought in name of trustees 6646 356 

When drift shall not be taken up 6642 355 

Removal of Drift 4561 181 

Appeals, jury, etc 4577 187 

Notice of meeting of 4578 187 

Oath, report, etc 4580 187 

None when mill dam removed for health 4567c 183 

Notice of and bond 4575 186 

Preliminary hearing 4579 187 

Proceedings on report of jury, costs, etc 4581 187 

Transcript and filing thereof 4576 187 

Application therefor by tax payers 4563 182 

Appointment of viewer 4564 182 

Costs and expenses, how paid 4566 182 

Channel kept clean by county commissioners 4584 188 

Commissioners to remove drift 4562 181 

Appointment of viewer 4564 182 

Report of viewer 4565 182 

Commissioners may remove mill dams 4567a 182 

May remove obstructions 4567 182 

Application for, how made 4567& 183 

Hearing, etc 4567c 183 

Application and bond 4568 185 

Apportionment of work 4572 186 

Hearing of preliminary matters 4570 185 

Hearing on merits 4571 185 

Notice to land owners 4569 185 

Payment for work done 4583 188 

Petition and notice * 4574 186 

Proceedings when no appeal taken 4582 188 

When benefited lands in more than one county 4573 186 

ENGLISH SPARROW, BOUNTY FOR KILLING 4211-3 357 

ENTERING HOUSE TO COMMIT A FELONY 6836 359 

FAIRS, FRAUDULENT ENTRIES AT 4221-7 17 

Cheating by false pretense 4221-11 18 

Penalty 4221-12 18 

Change of name for purpose of entry 4221-9 17 

Class determined by performance 4221-10 17 

Exhibitions prohibited at fairs * 7006 18 

False pedigree of certificate of sale 7076-3 18 

Fraudulent entry of horse in contest of speed 4221-7 17 

Penalty 4221-8 17 

Unlawful obtaining of registry 7076-1 18 

Penalty 7076-1 18 

Venue 7076-2 18 

FAST DRIVING ON BRIDGES 6870 360 

FARM LABORERS' ASSOCIATIONS 3843 96 

Annual report of Attorney General on 3847 97 

Attorney General must report to 3845 96 

Consolidation of two or more 3846 96 

Defined 3843 96 

Investments and loans, what may be made 3844 96 

Library, may maintain .- 3848 97 

Loans to 3844 96 

Real estate, may hold what 3843 96 

FARMERS' INSTITUTES 3713-1 20 

Accounts 3713-6 21 

County, payments by 3713-3 20 

Expenses, statement of 3713-4 21 

Publication of 3713-6 21 



378 INDEX. 

Section. Page. 

Incorporation of : 3713-1 20 

Lecturers at annual meetings 3713-5 21 

Papers, publication of 3713-6 21 

Number, times and places of meetings 3713-2 20 

FENCES, PARTITION 4239 109 

Adjoining owners to pay one-half the cost of 4239 109 

Barbed wire restricted 4239a 110 

Live fence restricted 4239a 110 

Penalty 4239a 110 

Building of fence and payment of cost 4243 111 

Damages for failure to repair 4250 114 

Division line when in stream of water 4243$ 112 

Duty and power of township trustees in controversies 4242 111 

Hedge fences; protection fence for 4252 114 

Size restricted 4253 115 

Penalty for violation 4254 115 

Suit, where brought 4255 115 

Jurisdiction of trustees where fence on line 4245 113 

Land owner may construct to ends of bridges, etc 4255-1 115 

Barbed wire not to be used 4255-2 115 

Liability of owner of trespassing animal 4251 114 

Penalty against trustee for neglect 4249 113 

Reassignment, when and how made ' 4244 112 

Recorder shall keep a "Partition Fence Record" 4243a 112 

Meaning of term "owner" 4243& 112 

Notice, how served 4243c 112 

Suit, where brought when fence on township line 4246 113 

Where brought when in township 4247 113 

Remedies provided not cumulative 4248 113 

Weeds must be cut along partition fences 4240-1 110 

Notice to land owner failing to cut 4240-2 110 

Anticipating cost 4240-4 111 

Cost of work 4240-3 110 

Trustees' fees 4240-5 111 

FIRE ARMS, DISCHARGING ON LAWNS I ..!..!!!..!..! ! 6962 364 

FISH AND GAME COMMISSIONERS, APPOINTMENT OF . . 405 58 

Bond of 406 58 

Compensation, serve without 407 59 

Duties of 408 59 

Expenses of, paid 407 59 

Appointment of wardens 409 59 

Powers and duties of 409a 60 

Birds, nests and eggs, permits to take 409ft 64 

Catching, killing or injuring birds 409a, 409; 64-65 

Carrier pigeons 409n 68 

Game birds 409a 65 

Prairie chickens or pheasants 409Z 67 

Rabbits, squirrels 4097c 66 

Examination of packages, search warrants 409/ 1 63 

Hunting or trapping on lands of another 409o 68 

Non-resident of state must have hunter's license 409g 68 

Seizure of instruments for unlawful catching of birds, 

fish and game , 409& 60 

Condemnation of instruments, proceedings 409c 61 

Final jurisdiction 409d" 62 

Prima facie evidence of guilt 409e 62 

Transportation of birds, fish and game 409p 68 

Unlawful catching and killing of fish 409r 69 

Prohibiting the destruction of fish 1 71 

Providing for the protection of fish 1 71 

Trespassing for purposes of catching fish 409s 70 

Unlawful to purchase, sell, etc., certain birds 409m 67 

FOOD, SELLING OR FEEDING UNWHOLESOME 6855 86 

Animals, selling diseased 6855 86 

Feeding unwholesome offal to swine 6928-1 87 

Selling unwholesome provisions 6928 87 



INDEX. 379 

Section. Page. 

FORESTRY BUREAU ESTABLISHED 409aa 57 

Duty of board of control > 409&& 57 

Reports, bulletins, etc 409cc 58 

Expenditures 409dd 58 

FRAUDS, SALE OF GRAIN, ETC 7069-5 367 

Binding twine, labeling of 7072-1 367 

Impure seed, penalty lor selling : 7001 366 

"Soaked goods" labeling of 7072-3 368 

Wool, unlawful sale of certain kinds 7069-3 366 

Penalty 7069-4 367 

FRAUDULENT ENTRIES 4221-7 et seq. 17 

FREE PUBLIC LIBRARY 1 etseq.105 

FREE PUBLIC PARKS 1490-7 et seq. 106 

GAME AND FISH COMMISSIONERS 405 et seq. 58 

GROUND HOGS, BOUNTY FOR 4211-1 et seq.357 

GRAIN, FRAUD IN SALE OF 7069-5 367 

HOGS, CHOLERA! ' . 4211-6 etseq. 37 

HOLIDAYS, LEGAL, LIST OF 317 8? 358 

HORSE STEALING 6857 42 

HORSES, PENALTY FOR SELLING HORSES HAVING 

GLANDERS 4211-24 et seq. 35 

INJURING BUILDINGS 6877 361 

INSURANCE ASSOCIATIONS, MUTUAL 3686 et seq. 90 

INSURING ANIMALS, MUTUAL 3691-1 et seq. 93 

LABOR ON HIGHWAYS 1536-158 etseq. 210 

LEVEES 4585 192 

Application for damages 4588 193 

Hearing of 4591 193 

Appointment to fill vacancy of viewer, etc 4598 195 

Apportionment of work, costs, etc 4609 199 

Assessments 4599& 195 

Assessments of work, how made 4594 194 

When put on duplicate 4611 199 

Change in route 4597 194 

Contracts 4599d 196 

Costs, apportionment of 4595 194 

County levee committee,- appointment, term, etc 4599c 195 

Compensation, contracts, etc 4599a" 196 

Damages must be paid before final order 4592 194 

Errors corrected by court 4605 198 

Parties must be materially affected 4612 200 

Relief may be granted ' 4613 200 

Final order of court as to 4593 194 

Flood gates, pumps, etc., erection of 4599a 195 

Franklin county, bonds for 4607 198 

Hearing of preliminary matters 4589 193 

Hearing on merits and proceedings thereon 4590 193 

Intersection with another levee 4608 199 

Jury for trial may be demanded 4600 196 

Adjournments 4602 197 

Challenge of juror 4601 197 

Engineer to furnish plats, etc 4602 197 

Fees and costs 4604 198 

"Levee", meaning of word 4596 194 

Notices to interested parties 4587 192 

Petition and bond 4586 192 

Dismissal of 4606 198 

Probate court may order construction of 4585 192 

Proceedings on verdict of jury 4603 197 

Order for payment, when made 4603 197 

Repairs 4607 198 

Riprapping, when done 4599 195 

Sale of work by sections 4610 199 

Township trustees may establish levees 4614 200 



380 INDEX. 

Section. Page. 

LIVE STOCK COMMISSIONERS BOARD OP 4211-9 30 

Expenses of board 4211-13 31 

Officers of 4211-9 30 

Records of 4211-13 31 

Rules and regulations 4211-9 30 

Veterinarian, appointment of 4211-16a 32 

Duties of 4211-16a 32 

Appraisement and killing of diseased animals 4211-25 35 

Appropriation to pay claims 4211-18 34 

Compensation for animals destroyed 4211-17 33 

Bodies of animals, when to be burned 6923a 37 

Co-operation with U. S. Bureau Animal Industry 4211-16e 33 

With U. S. Department of Agriculture 4211-16(2 33 

Dead animals, disposition of 4211-11 31 

Duty as to extirpation of disease 4211-10 30 

Power as to inspection • 4211-16?) 32 

Proclamation prohibiting importation " 4211-15 32 

Quarantine of animals * 4211-10 30 

Expense of, paid by owner c 4211-12 31 

Inspection and protection of live stock " 4211-16& 32 

Penalty for failure to comply with rules 4211-16c 33 

Prohibiting importation of diseased animals 4211-15 32 

During certain months 4211-19 34 

Prohibiting unloading in certain months 4211-20 34 

Penalty 4211-21 34 

Suppressing contagious diseases 4211-12 31 

Transportation company, duty of 4211-22 34 

Penalty for violation 4211-22 34 

Prosecution for offenses hereunder 4211-23 35 

Contagious Diseases, Cattle — 

Cattle infected with Texas fever 4210 36 

Damages for infection 4211 36 

Importing cattle infected with 7003 36 

Hogs, Cholera 4211-6 37 

Transportation of cholera infected 4211-6 37 

Common carriers not affected 4211-8 37 

Liability of violator 4211-7 37 

Selling diseased animals 6855 37 

Horses having glanders, penalty for selling 4211-24 35 

Compensation for destruction 4211-25 35 

Sheep scab, penalty for selling 4211-26 35 

Stock yards, duties of carriers and owners 4212 36 

MAPLE SUGAR 4200-62 et seq. 85 

MARKET HOUSE COMPANIES, INCORPORATION OF .... 3858 99 

Powers of 3859 99 

Milk 4209 et seq. 75 

MILLS, RATES OP TOLL, ETC 4371 103 

Penalty for taking unlawful 4373 104 

Responsibility for safe keeping of grain 4372 103 

Taking illegal toll 7068 104 

MUTUAL INSURANCE ASSOCIATIONS, INCORPORATION. 3687 90 

Assessments, what may collect 3686 90 

Certificate filed, when, etc 3688 91 

Constitution and by-laws of 3690 91 

May reorganize 3690-1 92 

Policies, by-laws, etc 3690-3 93 

Rights of policy holders 3690-2 92 

Settling loss, cellar and foundation not included 3691 93 

MUTUAL COMPANIES FOR INSURING ANIMALS 3691-1 93 

Applications required before organizing 3691-7 95 

Association for mutual protection 3691-1 93 

Annual report to insurance commissioner 3691-5 94 

Certificate of organization 3691-2 93 

Election of officers 3691-4 94 

Bond of secretary and treasurer 3691-10 95 

Certificate to be filed with secretary of state 3691-3 93 



INDEX. 381 

Section. Page. 

Charter, when forfeited 3691-9 95 

Company may commence business, when 3691-8 95 

Directors 3691-11 95 

Examination by insurance commissioner 3691-6 94 

Statement of secretary, etc., to be filed with insurance 

commissioner 3691-12 96 

MOTOR VEHICLES 3490 345 

NEWSPAPERS, DEFACING, DESTROYING, ETC 6878 361 

NUISANCES 6921 364 

Befouling well, spring, etc 6927 366 

Dead animals, unlawful deposit of 6923 365 

Intoxicating liquors, prohibiting sale of 6946 366 

Stagnant waters, creating artificial ponds 6922 365 

NURSERY AND ORCHARD INSPECTION 4446-7 25 

Annual report to governor 4446-15 30 

Application for inspection 4446-8 26 

Certificate, when stock shipped into state 4446-11 27 

Certificate when shipped within state 4446-10 27 

Dealers must file statement of inspection 4446-9 26 

Penalty 4446-9 26 

Destruction of trees, etc., by inspectors 4446-13 28 

Judicial investigation 4446-13 28 

Examination of trees, etc., upon petition 4446-12 28 

Malicious destruction of trees, etc 6864 30 

Penalty for violation of inspection laws 4446-14 30 

OFFICIAL FLAG OF OHIO 23a 5 

OHIO HUMANE SOCIETY 3714 et seq. 46 

OHIO STATE BOARD OF AGRICULTURE, ANNUAL 

MEETING OF 3692 6 

Delegates from farmers' institutes, when 3692 6 

Members, two to be elected at 3692 6 

President or delegate of county society, member .... 3692 6 

Annual report of, what to contain 3693 6 

Expenses, payable out of what 3694 6 

Fund, state agricultural, at disposal of 3695 7 

Incorporation of 3691-25 5 

Names of members 3691-27 5 

Number of members 3691-26 5 

Is board of live stock commissioners 4211-9 30 

Legal adviser of, attorney general 3694 6 

Officers it may elect 3693 6 

Real estate, may acquire sites for fairs 3694 6 

Reverts to state, when 3694 6 

Sale of, none except by legislature 3694 6 

Taxation, exempt from 3694 6 

State fair, annual 3693 6 

Constables for, special 3710 14 

Powers 3711 14 

Stationery furnished by secretary of state 3696 7 

ONE-MILE ASSESSMENT TURNPIKE 4774 et seq. 290 

POUNDS 4209 etseq. 40 

Breaking open 6885 364 

PROPERTY, CRIMES AGAINST 6834 et seq. 359 

PUBLIC BUILDINGS, TOWNSHIP 1479 et seq. 105 

PUBLIC PARKS, FREE 1490-7 106 

RAILROAD COMPANIES MUST CONSTRUCT FENCES, ETC. 3324 342 

Company to keep fence in repair 3326 343 

May build fence at land owner's expense 3330 345 

Crossings, private 3327 344 

When sections relating to fences do not apply 3329 344 

Land owner may construct crossing at company's expense 3328 344 

May construct fence at company's expense 3325 343 

Land covered by right-of-way not to be taxed 3321 341 

Right-of-way papers recorded 3322 342 



382 INDEX. 

Section. Page. 

Lien upon railroad for labor, etc 3231-1 340 

Bond; when injunction issue 3231-3 340 

Engineer to make measurements, etc 3231-4 341 

Penalty 3231-5 341 

Lien, how obtained 3231-2 340 

Penalties for failure to construct and repair fences, etc. . . 3331 345 

Right of land owner to use culvert for cattle way 3332 345 

Signboards must be erected at crossings 3323 342 

Trains, posting time of arrival 3321-1 341 

Penalty 3321-2 342 

ROADS, APPOINTMENT OP HIGHWAY COMMISSIONER. 4614-11 201 

Creation of Department 4614-33 207 

Object and purpose of 4614-12 201 

Apportionment of cost of improvement 4614-20 204 

Share of state 4614-21 204 

Share of township 4614-22 . 204 

Appropriations for carrying out provisions 4614-30 206 

Bids to be advertised 4614-19 203 

College of agriculture to investigate material 4614-34 207 

Commissioners to select material 4614-26 205 

To apply for aid 4614-35 207 

To direct improvements 4614-13 201 

May incur indebtedness 4614-39 208 

To maintain state highways 4614-38 208 

Contracts , 4614-24 205 

Counties having constructed roads entitled to share of 

money 4614-31 206 

County line roads 4614-28 206 

Dirt road may be constructed 4614-44 209 

Engineer 4614-27 206 

Estimate of cost of improvement 4614-16 203 

Commissioners may adopt resolution for constructing 4614-17 203 

Cost of construction, when paid 4614-23 205 

Funds from federal government, how apportioned 4614-45 210 

Commissioner to secure application for improvement 4614-14 202 

Application to be accompanied by resolution 4614-36 208 

Duty upon approval of application 4614-15 202 

Information to be furnished 4614-42 209 

Township trustees may bid on work 4614-43 209 

Levy for road improvement fund 4614-40 208 

When additional levy authorized 4614-41 209 

Order in which roads improved 4614-25 205 

Right-of-way, how secured 4614-18 203 

State highways 4614-37 208 

Turnpike or improved road, reconstruction of 4614-29 206 

Appeals in Road Cases — 

Appeal bond 4689 257 

Auditor to make record 4708 261 

To issue order 4710 262 

To transmit papers 4690 257 

Court may set aside proceedings 4691 257 

Must confirm proceedings 4693 258 

Damages, appeal by claimant 4699 259 

Decision of court certified 4698 259 

Decision of court reviewable 4713 262 

Probate court, who appeal to 4688 256 

Challengers, etc 4702 260 

Commissioners, when must pay damages 4709 261 

Conduct of trial 4703 260 

Costs, when claimant to pay 4705 261 

Court to make complete record 4707 261 

Fees of officers and others 4714 262 

Judgments to be in favor of state 4706 261 

Jury, trial by 4704 260 

Notice to appellants 4701 259 

Proceedings on appeal 4700 259 



INDEX. 383 

Section. Page. 

Proceedings of commissioners 4711 262 

Proceedings of trustees 4712 262 

Township trustees, appeal from 4697 258 

Viewers, order to 4692 257 

Review, when ordered 4694 258 

Viewers, when other appointed 4695 258 

Oath of 4696 258 

County Roads — 

Alterations, become part of road 4669 229 

Damages occasioned by alteration 4666 229 

Bond of petitioners 4638 222 

Judgments for costs, etc 4639 222 

Bonds, tax levy 4670-12 232 

Commissioner, duties of 4637-1 218 

Report of damages 4651 225 

Report of viewers 4650 224 

Review amended report 4651a 225 

Counties, improvement of certain roads 4670-7 231 

County line, petition for road on 4657 227 

Proceedings on viewers' report 4658 227 

Cuyahoga county, additional road levy 4670-1 230 

Advertisement 4670-6 231 

Assessment 4670-4 230 

Bonds, tax levy 4670-12 232 

To what other roads provisions apply 4670-13 232 

Engineer 4670-5 230 

Finding for improvement 4670-9 231 

Improvement of such roads 4670-2 230 

Improvement of certain public roads 4670-7 231 

Improvements, how made 4670-10 232 

Petition, etc 4670-8 231 

Petition for improvement of road 4670-14 233 

Purchase of road 4670-3 230 

Superintendent to furnish estimates 4670-11 232 

Line of road, finding original 4654 226 

Lorain county, improvements in 46377c et seq. 220 

Notice to land owners 4645 223 

Notice of application 4641 222 

Oath, who may administer 4648 224 

Owners of land may lay water pipes 4935-2 339 

Penalties for neglect 4663 228 

Petition for improvement 4670-8 231 

What to contain 4640 222 

Power of county commissioners 4637-1 218 

Assessments, notice of 4637-4 218 

Confirmation of 4637-7 219 

Collection of 4637-9 219 

Filing, objections to •. 4637-5 219 

Hearing by board 4637-6 219 

Land not to be taken until damages paid 4637-10 219 

Assessments upon real estate 4637-8 219 

Provisions of statutes to apply 4637-11 220 

Repairs of washes in 4665 228 

Fees 4667 229 

Report of viewers and proceedings 4653 226 

Review 4652 225 

State line, width of road on 4659 227 

Stone monuments to mark line of road 4670 229 

Superintendent of work, appointment of 4670-10 232 

Surveyor 4642 222 

Duties of 4649 224 

Turning road, proceedings on report 4656 227 

Vacation of road, application for 4661 228 

By remaining unopened seven years 4668 229 

Report of viewers on 4662 228 

Vacation of certain roads 4908 330 



384 INDEX. 

Section. Page. 

Viewers, duties of 4646 223 

New order for, when old fail 4643 223 

Vacancies, how filled 4644 223 

When compensation and damages not assessed . . 4647 224 

Width of roads 4637 217 

County Line Roads — State Line Roads — 

Joint action of commissioners for 4670-14a 233 

Appointment of engineer 4670-15 234 

Bonds may be issued 4670-19 237 

Bonds may be issued by each county 4670-19& 237 

Engineer to make assessment 4670-16 234 

How improvement made 4670-16& 235 

Letting of work 4670-15a 234 

Record of proceedings 4670-17 236 

Record to be kept by auditor 4670-17a 236 

"Stone and gravel road building fund" 4670-18 236 

Tax levy 4670-18a 237 

When person signs petition and remonstrance 4670-20 237 

Penalty 4670-20a 238 

Joint action for improving state line roads 4670-206 238 

Share of expense to be equitable . . 4670-20c 238 

Labor Upon Highways — 

Highways within road district, who liable 1536-158 210 

Appearance with implements 1536-164 211 

Certificate, production of 1536-163 211 

Collection of fines, etc 1536-166 212 

Disposition of moneys, etc 1536-167 212 

Money, transfer of, etc 1536-168 213 

Non-exemption against execution 1536-161 211 

Non-release by neglect to order out 1536-162 211 

Ordering out of persons liable 1536-160 210 

Payment of money in lieu of labor 1536-159 210 

Residence 1536-165 212 

State Roads — 

Alterations in 4635 217 

Appeal in, costs on 4629 216 

How taken 4627 215 

Jury and its proceedings 4628 216 

Payment of costs 4630 216 

Applications for, bond of 4618 213 

Commissioners, appointment of 4617 213 

Duties of road commissioners 4621 214 

Compensation of commissioners 4626 215 

Commissioners, county, duties of as to state 4619 214 

Appointment of officers to assess damages 4624 215 

Payment of damages 4625 215 

Establishment of as highways 4631 216 

Fees and costs in certain cases 4632 216 

Notice published 4622 214 

Second publication 4623 214 

Petition for 4616 213 

Road may be turned, altered or vacated 4634 217 

Route of road 4620 214 

Vacation of, by non-user 4636 217 

Width of 4615 213 

How reduced 4633 217 

Township Roads — 

Accounts itemized, and expenses paid, how 4686-36 252 

Alteration of ' 4684 241 

Proceedings for 4685 241 

Application for 4672, 4673 238, 239 

Appropriation of real estate 4686-26 249 

Proceedings for 4686-27 249 

To issue bonds 4686-29 250 

Bond for 4673 239 

Claims for damages, etc 4675 239 



INDEX. 385 

Section. Page. 

Compensation of trustees 4686-28 249 

Contract, letting of 4686-34 251 

Costs of repairs 4678 240 

Declared public highways 4686 241 

Districts, consolidation of 4686-32 251 

Engineer, employment of 4686-43 254 

Expenses paid from fund 4686-36 252 

Improvement submitted to vote . ... 4686-1 241 

Appointment of judges and clerks 4686-3 242 

Appointment of commissioners 4686-5 242 

Assessments 4686-24 249 

Ballot, form of 4686-2 242 

Resubmission of question 4686-4 242 

Bond of contractor 4686-11 244 

Bonds 4686-29 250 

Bonds 4686-39 252 

Contracts 4686-9 243 

Construction, where must begin : 4686-12 244 

Election, ballots for 4686-41 253 

Judges and clerks of election 4686-42 253 

Question to be submitted to electors 4686-40 253 

Exemption from other road taxes 4686-23 248 

Issue of bonds 4686-17 246 

Oath and compensation of commissioners 4686-6 243 

Order of improvement 4686-7 243 

Record; accounts 4686-8 243 

Restrictions 4686-25 249 

Road district created 4686-38 252 

Roads to be free 4686-37 252 

Specifications 4686-10 243 

Specifications for improvements / 4686-13 244 

Superintendent 4686-15 245 

Duties and powers of 4686-16 245 

Taxes 4686-18 246 

Certification and collection of 4686-19 248 

Increased taxation 4686-18a 246 

Petition for increased tax levy 4686-18aa 247 

Repairs, annual tax for 4686-21 248 

Provisions for 4686-20 248 

Submission to vote of electors 4686-16a 245 

Taxation, exemption from 4686-23 248 

Tires, width of 4686-14 244 

Township trustees fees 4686-22 248 

Trustees to determine roads for improvement 4686-32 250 

Letting of work 4686-33 251 

Levy 4686-30 250 

Overseer 4686-35 251 

Petition for 4672 235 

Bond 4673 239 

Taxes, collection of 4686-31 250 

Two townships, when in 4679 240 

Joint boards, how proceed 4680 240 

Vacation of 4683 241 

Viewers, duties of 4674 239 

Report of 4676 239 

Trustees, action of on report 4677 239 

Width of road changed 4681 240 

Proceedings therefor 4682 241 

Working sections, division into 4686-44 254 

Contract, how made 4686-45 254 

Bonds 4686-47 254 

Interest 4686-49 255 

Expenditure of funds 4686-56 256 

Payments, how made 4686-46 254 

Repairs, how made 4686-48 255 

Road districts 4686-51 255 

*25— P. H. B. 



386 INDEX. 

Section. Page. 

Road labor 4686-55 256 

Submission of question to voters 4686-52 255 

Supervisor 4686-50 255 

Tax levy 4686-54 256 

Trustees authorized to purchase stone, etc 4686-53 255 

Joint Township Road Districts — 

Creation of road districts 4757-2 275 

Appointment of judges and clerks 4757-4 276 

Commissioners, term of office, etc 4757-7 277 

County auditor ex officio member 4757-9 278 

Electors to vote on question 4757-3 276 

Affirmative vote, effect of 4757-6 277 

Negative vote, effect of . . 4757-5 277 

Improved roads to be free turnpikes 4757-14 279 

Bonds may be issued 4757-16 . 280 

Levy to provide for payment 4757-17 280 

Levy to be certified by commissioners 4757-18 281 

Oath and bond of superintendent 4757-15 280 

Organization of road districts 4757-1 275 

Roads, selection of, for improvement 4757-8 278 

Bids on work of construction 4757-10 278 

Commissioners to have charge of 4757-13 279 

Contract, what to contain 4757-11 279 

Contracts valid 4757-21 281 

Contractor's bond 4757-12 279 

Receipt and disbursement of moneys 4757-20 281 

Repair of roads 4757-19 281 

Turnpikes — 

Commissioners authorized to issue bonds 1 287 

May build turnpikes 4758 281 

Construction of road 4759 282 

Petition for construction 4760 282 

Duty of auditor after petition is filed 4760a 283 

Compensation and damages 4761 284 

Donations may be required 4762 284 

Electors to vote on tax 4763 285 

Election, conduct of 4764 285 

Effect of an affirmative vote 4766 286 

Question may again be submitted . . . 4765 285 

Free turnpikes, construction of 4773-1 288 

Cost, security for 4773-2 289 

Laws, what apply 4773-4 289 

Letting the work 4771 288 

Levy for cost of construction 4773-5 289 

Payments on estimates 4772 288 

Petition when granted 4767 286 

Rights of way 4773-3 289 

Viewers, compensation of 4773-1 286 

Tax levy . 2 287 

Tax, when levied 4768 286 

Restrictions of the levy 4769 287 

Records to be kept 4770 287 

Toll Roads, Converting to Turnpikes — 

Appraisement of road and bridges 4866 318 

Assessments, how much 4871 319 

Commissioners may propose to buy 4867 318 

Company may accept proposal 4868 318 

County to pay for bridges : 4870 318 

Fees of officers, etc 4873 319 

Owners may propose to sell . 4865 318 

Owners of certain roads may sell 4874 319 

Petition of land owners for purchase 4869 318 

Repair, how to be kept up 4872 319 

Road to be free 4875 319 

One Mile Assessment Turnpikes — 

Appeal from assessment , 4784 293 



INDEX. 387 

Section. Page. 

Appointment of commissioners 4775 290 

Body corporate 4795 295 

Bond of 4780 292 

Bonds, may issue 4808 298 

Bonds, when issue new 4812a 299 

Bridges 4800 296 

Commissioners of consolidated road, etc 4811 299 

Commissioners, powers and duties of 4781 292 

Further powers 4782 292 

Make annual settlement 4792 294 

Duplicate, prima facie evidence 4794 294 

Settlement enforced by action 4793 294 

County line, petition for road on 4806 297 

Damages, how claims settled .4803 297 

Directors, election of 4822 301 

Extension of time for construction 4826 302 

Road commissioners to make final report 4827 302 

Fees of 4797 295 

Free turnpikes '. 4812 299 

Levies, how applied 4810 299 

Line of state road may be occupied 4807 298 

Material taken, damages for 4783 292 

Officers, pay of 4797 295 

Certain expenses paid by county 4798 295 

Petition for free turnpike 4774 290 

Road to be laid out 4776 290 

Petition, who may sign 4799 295 

Petitions, when made in different counties 4804 „ 297 

Proceedings on such petition 4805 297 

Property to be assessed 4786 293 

No division to be made 4787 293 

Road labor, when trustees fail to apportion 4789 293 

Must be accepted 4796 295 

Tax to be refunded 4791 294 

Work, when to be done . .\ 4796 295 

Road, location of, how changed 4802 296 

Road tax, certificates of labor receivable for 4813 299 

Road may be transferred to turnpike company 4819 301 

Roads consolidated, how 4809 298 

Tax, collection of 4479 291 

Tax payers to have stock 4820 301 

Taxes, abatement of 4778 291 

Taxes, levy of, to construct such pike 4777 291 

Taxes, special, applied to debts 4818 301 

Toll gates and toll 4821 301 

Toll road, how made 4801 296 

Township road tax, when applied 4788 293 

Unpaid indebtedness of company 4814 299 

Payment of such indebtedness 4817 300 

Taxation to pay same 4815 300 

When different rates authorized 4816 300 

Vacation of free turnpike 4828 302 

Village, when road may be extended to 4825 302 

Village may assist in constructing road . . . .• 4823 301 

Tax to be submitted to electors : 4824 301 

Two Mile Assessment Turnpike — 

Applicability of certain statutes to .... 4837-1 310 

All other sections to be in force .'. 4837-2 310 

Assessments, how enforced 4860 316 

Assessments, how excess distributed . 4848 313 

Assessments may be increased or diminished 4845 312 

Assessments, when insufficient 4847 313 

Appointment of appraisers 4854 314 

Duties and award 4855 314 

Affirmance of award 4856 315 

Appeals to common pleas 4857 315 



388 INDEX. 

Section. Page. 

Cities in adjoining counties may aid 4851 314 

Cities and villages may assist 4850 313 

Changes in improvements authorized 4838 310 

Commissioners may receive donations, etc 4853 314 

County commissioners may construct 4829 303 

County may purchase roads 4862 317 

May improve unfinished turnpike 4830 303 

May issue bonds 4846 312 

To apportion estimated expense 4842 311 

Compensation and fees 4849 313 

Engineer to be appointed 4841 311 

Errors, who may take advantage of 4863 317 

Proceedings, how far declared void 4864 317 

Improved roads, surrendered to commissioners 4861 317 

Lucas county commissioners may order improvement . . . 4836a 305 

Appointment and removal of engineer 4836& 305 

Assessment of expenses, estimated 4836c 306 

Bonds, issue of 4836a 309 

Certain provisions not to apply 4836e 307 

Commissioners authorized to issue bonds 4836ft 309 

Commissioners may construct without assessing pri- 
vate property 4836i 309 

Costs, when remonstrant bound for 4837 310 

Records and accounts 4836(Z 307 

Tax levies for construction - 4836/ 1 307 

Notice and proceedings on report 4843 312 

Proceedings on a re-reference 4844 312 

Plats, profiles, etc., to be preserved 4852 314 

Proceedings, how abandoned, before contract 4839 311 

How abandoned after contract 4840 311 

Road, in more than one county 4858 315 

Appeals in such cases 4859 316 

Two mile assessment pikes, petition for improvement . . . 4831 303 

Appeal from assessment 4834 304 

Duties of viewers and surveyor 4833 304 

Report of 4835 304 

Notice and publication 4832 303 

Proceedings when report filed 4836 304 

Road Superintendents— 

Compensation of officials 4732& . 267 

Duties and powers of 4715 262 

Further powers of 4716 263 

Destruction of Canada thistles 4732, 4732a, 265, 266 

Destruction of Russian thistles 4732c, 4732a" 267 

Destruction of brush, trees, etc 4730 264 

Drift against bridges, etc 4731 265 

Ditches, unlawful to make open 4715a 263 

Fires in woods or prairies, how extinguished 4750 274 

Penalty for refusing to assist 4751 274 

Guide boards to be erected 4734 268 

Highways along state lines . 4747-1 272 

Law governing county commissioners 4747-2 273 

Material may be condemned for road purposes 4745-1 270 

Costs, how paid 4745-5 271 

Findings may be appealed from 4745-2 271 

Proceedings in probate court 4745-3 271 

How notice given 4745-4 271 

Mill races, bridges over ■, 4752 274 

Mill races across roads 4753 274 

Notice to be given of intention to construct 4754 274 

Obstruction of road by railroad agents 4748 273 

Company liable for fines against employes 4749 ' 273 

Obstructions, removal of 4746 272 

Passage ways to be constructed 4740 269 

Public roads only to be worked 4743 270 

Certificates for timber, etc 4744 270 

How paid 4745 270 



INDEX. 389 

Section. Page. 

Road beds to be leveled off 4729 264 

Road tax, rate of levy to be published 4738 269 

Additional road tax 4737 269 

Road taxes in Highland county 4716-1 263 

Penalty 4716-2 264 

Roads on state or township lines 4747 272 

Superintendent may construct footwalk, etc 4733 268 

Trustees to furnish tools, etc 4735 268 

Van Wert county tax for road repair 4745-6 271 

Bonds 4745-7 272 

Free use of material 4745-8 272 

Watering places to be provided 4736 269 

Roads, Repair of Improved — 

Application to municipal corporation 48897c 322 

Appeal from assessment of damages 4900 328 

Auditor to give notice to clerk 4890 322 

Notices by auditor 4895ft 324 

Champaign county, road districts created in 4895a 324 

County commissioners may levy additional tax 4895 323 

Culverts and bridges, repair of 48957i 326 

Directors, turnpike, board of 4897 327 

Compensation of, etc 4903 328 

Duties of 4898 . 327 

May contract for labor, etc 4899 327 

General levy for repairs : 4901 328 

"Improved roads," meaning of term 4889; 322 

Improved roads to be repaired 4876 319 

Improvement of township roads 4889e 321 

Trustees to make contracts 4889/ 1 321 

Completion of contract 4889i 322 

Township trustees to repair 4891 322 

May assign roads to superintendents 4892 323 

May set off persons and districts 4894 323 

To report to commissioners 4893 323 

To appoint road superintendents 4895a 324 

Oath of 48950" 324 

Office of road supervisor abolished 4889c 320 

Pickaway county, certain repairs in 5889a 320 

Regulation of business on improved roads 4904 328 

Penalty for violation of rules 4905 329 

Road districts, townships in certain counties made 4889 320 

Townships in Stark and Columbiana counties made.. 4889& 320 

Road labor, under whose control performed 4902 328 

Road master, appointment, etc 4889a" 320 

Duties of 4889# 321 

Road supervisor, office of abolished 4895i 326 

Roads, repair of in cities and villages 4906 329 

Funds apportioned 4907 329 

Superintendents, powers and duties of 4895e 325 

Penalty for violating rules 4895/ 1 325 

Tax levy 4895# 325 

Certificates of indebtedness and tax levy 4895; 326 

Certain other counties 4896 327 

Roads, Miscellaneous Provisions — 

Abandoned toll road to be free road 4918 332 

Abatement of tax when water trough constructed 4929-1 336 

County commissioners may appropriate certain roads 4913 331 

May build embankments 4922 335 

When establish ferry 4924 335 

County roads 4935c 339 

Dedication of land for public highways 4908& 330 

Material may be transported by rail : 4912 331 

Mine and quarry operators, how undermine roads 4935-1 339 

National road in charge of county commissioners 4931 337 

Collect toll between toll gates 4933 337 

Madison county, special provision for 4934 337 



390 INDEX. 

Section. Page. 

Powers and duties in relation to National road 4932 337 

Unfinished portions of . 4935 338 

Owner may lay water pipes 4935-2 339 

Road records, how restored 4935a 338 

Proceedings, when in existence 4935& 339 

Road, when it belongs to adjoining counties 4923 335 

Roads may be declared abandoned . '. 4914 332 

Petition to have abandoned 4915 332 

Notice and hearing on petition 4916 332 

Publication against non-resident . 4917 332 

Sidewalks along roads authorized 4909 330 

Along highways 4909-1 330 

Superintendents to give receipts . 4929 336 

Tax, disbursement of 4930 336 

Tax, commissioners authorized to levy 'additional 4925 , 335 

How long to continue 4926 336 

May be paid in labor 4928 336 

When levied in township .' 4927 . 336 

Tax to repair damaged highways . . 4919 333 

Provisions inapplicable to certain counties 4919a 333 

Tax may be anticipated . 4920 333 

Tax, surplus, how disposed of 4921 334 

Township trustees may borrow money, when 4910 331 

May levy tax to pay same 4911 „ 331 

Vacation of certain roads 4908 330 

SEED, PENALTY FOR SELLING IMPURE 7001 366 

SELLING OR FEEDING UNWHOLESOME FOOD 6855 et seq. 86 

SHEEP KILLED OR INJURED BY DOGS 4215 et seq. 45 

SINK HOLES AND FISSURES 4510-18 et seq. 159 

"SOAKED" GOODS, LABELING OF 7072-3 368 

SPECIAL TAXES 2833 et seq. 127 

STATE FORESTRY BUREAU 409aa et seq. 57 

STATE ROADS 4615 et seq. 213 

STRAYS, ABANDONED OR STOLEN PROPERTY 6647a 356 

Description of stray 6628 350 

Appraisement ... 6629 351 

Record by justice , 6630 351 

Justice's stray book, 6644 356 

Penalty for working strays, etc 6637 354 

Proceedings by owner to reclaim 6633 352 

When taker-up not a free holder 6631 351 

Sale and adjustment of proceeds 6635 353 

How collected, etc 6636 353 

Strays outside of settlement 6632 352 

Stallion deemed a stray 6638 354 

Township trustees to deliver moneys, etc., to successor . . 6643 355 

What strays shall vest in taker-up 6634 352 

SKUNK, UNLAWFUL TO CATCH AT CERTAIN TIMES ... 6963-2 359 

Penalty 6963-3 359 

TAXES, COUNTY, LEVY, HOW DETERMINED 2822 121 

Bridges and roads, levy for . . . 2824 123 

Bridge tax for Hamilton county, etc 2824 123 

County commissioners authorized to issue bonds 1 125 

Tax levy 2 . 125 

TAXES, SPECIAL, BONDS MAY BE ISSUED BY TOWN- 
SHIPS 2835 , 129 

Limitations, when not applicable 2835& 132 

Procedure when bond issue submitted to vote 2837 132 

Power to borrow to extend time . . . .' 2834a 128 

Restrictions 2834& 129 

Surplus of special tax may be transferred 2834 128 

Tax to be levied to pay bonds 2836 132 

TIME, CENTRAL STANDARD, MADE LEGAL 4446-3 358 

Public clock to keep standard time 4446-4 359 



INDEX. 



391 



Section. 






TOWNSHIP BUILDINGS, PUBLIC, QUESTION SUBMITTED 

TO ELECTORS 1479 L05 

Village and township may jointly erect buildings 1480a-l L06 

Application to mayor and township trustees 1480a-2 106 

Submission of question of tax to a vote 1480a-3 L06 

Two-thirds vote necessary 1480a-4 106 

TOWNSHIP DITCHES 4511 et seq. 170 

TOWNSHIP LIBRARY, QUESTION SUBMITTED TO ELEC- 
TORS 1476 104 

Transfer of school libraries 1478 104 

Trustees of library, appointment of 1477 104 

TOWNSHIP LIBRARY, FREE PUBLIC, TAX FOR 1 105 

County auditor to certify amount collected 2 105 

Disposition of property when no longer provided 3 105 

TOWNSHIP PARKS, FREE PUBLIC, APPOINTMENT OF 

COMMISSIONERS 1490-7 106 

Duties of 1490-10 107 

May condemn land or materials 1490-12 108 

Powers of 1490-11 108 

Report of 1490-15 109 

Establishment of, petition for the 1490-7 106 

Report of board as to site 1490-8 107 

Submission of question to voters 1490-9 107 

Tax levy to defray expenses 1490-13 108 

Tax, collection of 1490-14 109 

Bonds may be issued 1490-14 109 

Title to property to pass to board 1490-16 109 

TOWNSHIP ROADS 4670-20cetseq.238 

TOWNSHIP TAXES, AMOUNTS DETERMINED WHEN 

AND HOW 2827 125 

Levy to pay bonds : 2831 127 

Payment of road tax 2830 126 

Tax in addition to day's labor 2827-1 126 

Township liabilities for relief of poor 2828 126 

TRACTION ENGINES AND OTHER MOTOR VEHICLES. 3490 345 

TRESPASSES 6834 et seq. 359 

TURNPIKES 4758 et seq. 281 

UNWHOLESOME FOOD, SELLING 6855 86 

VETERINARIANS, EXAMINATION OF 4412-1 54 

Certificate 4412-2 54 

Employed by state boards, when 4412-3 54 

Examiners, state board of 4412-4 54 

Meetings for examination, etc 4412-5 54 

Certificate when issued 4412-7 55 

Compensation of members 4412-6 55 

Diploma, acceptance of in lieu of examination 4412-9 55 

Emergency service 4412-10 55 

Fee for examination 4412-8 55 

Time of examination 4412-8 55 

Penalty 4412-10 55 

VINEGAR, ADULTERATION 4200-50 et seq. 84 

WEIGHTS AND MEASURES, STANDARDS FURNISHED 

BY UNITED STATES GOVERNMENT 4428 99 

Acre, contents of 4432 100 

Barrel, contents of 4438 100 

Branding 4438a 101 

Bushel, standard weight of wheat, rye, etc 4443 102 

Bushel of stone coal, standard weight of 4444 102 

Charcoal, standard measurement 4444a 103 

Coal, when sold by weight, when by measure 4445 103 

Penalty for selling otherwise 4446 103 

Contracts construed, by what standard 4429 99 

Dry commodities, how measured 4442 102 



392 



INDEX. 



Section. Page. 

Gallon, standard measure of 4437 100 

Half bushel measure, capacity of 4439 101 

Subdivisions of 4440 101 

Unlawful to use other in testing mill weight 4439-1 101 

Heaped measure, how articles sold by 4441 101 

Hundred weight, contents of 4436 100 

Mile, contents of 4431 100 

Ounce ...., 4436 100 

Perch of stone, measure of 4433 . 100 

Pound 4436 100 

Subdivisions of 4436 100 

Rod, contents of 4431 100 

Small fruits, how measured 4442-1 102 

Standard weight of grains, etc 4443 102 

Weights, avordupois and troy are standard 4435 100 

Yard, and subdivisions of 4430 99 

WOOL, UNLAWFUL SALE OP CERTAIN KINDS 7069-3 366 



LB '08 



